Summary
rejecting claim that peremptories were exercised outside the defendant's presence, "there being no indication that defendant's position at the defense table prevented him from hearing the proceeding or conferring with his counsel throughout"
Summary of this case from Lovacco v. KellyOpinion
March 22, 1994
Appeal from the Supreme Court, Bronx County (Martin Marcus, J.).
Appellate review of defendant's claim that a portion of the Sandoval hearing was conducted in his absence is not possible in light of defendant's failure to provide a record of the "conference" at which defendant's criminal history was supposedly discussed shortly after the Sandoval hearing was formally commenced (see, People v. Pizarro, 190 A.D.2d 634, lv denied 81 N.Y.2d 1018). Nor does the record bear out defendant's claim that his right to be present at all material stages of his trial was infringed by the exercise of some challenges to jurors at a side-bar conference, there being no indication that defendant's position at the defense table prevented him from hearing the proceeding or conferring with his counsel throughout (compare, People v. Velasco, 77 N.Y.2d 469, 473, with People v. Sabater, 195 A.D.2d 417).
Concur — Sullivan, J.P., Ellerin, Asch and Tom, JJ.