Opinion
March 18, 1996
Appeal from the Supreme Court, Kings County (Moskowitz, J.).
Ordered that the judgment is affirmed.
We reject the defendant's contention that he was denied a fundamental right to be present at all material stages of the trial by his exclusion from numerous sidebar discussions with prospective jurors during voir dire (see, People v Antommarchi, 80 N.Y.2d 247; People v Sloan, 79 N.Y.2d 386). The defendant knowingly, voluntarily, and intelligently waived his right to be present when, prior to the commencement of voir dire, his trial counsel informed the court, in the defendant's presence, that he had discussed the matter with the defendant and that the defendant agreed to waive his right to be present (see, People v Ming Yuen, 222 A.D.2d 613; People v Stokes, 216 A.D.2d 337; People v Spruill, 212 A.D.2d 381; People v Perez, 196 A.D.2d 781; see also, People v Underwood, 201 A.D.2d 597). Mangano, P.J., Miller, Altman and Friedmann, JJ., concur.