Opinion
May 17, 1994
Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).
Viewing the evidence in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt was proven beyond a reasonable doubt by legally sufficient evidence. Moreover, upon an independent review of the facts, we find that the determination was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490). The issues now raised by the defendant were properly before the court, and, after considering the relative force of the testimony and the inference that may be drawn therefrom, there is no reason on the record before this Court to disturb its determination.
Since defendant has failed to provide a record that supports his contention that a Sandoval hearing was conducted in his absence, there is no basis to review his claim that his right to be present at all material stages of the proceedings was violated (People v. Bagarozy, 182 A.D.2d 565, 566, lv denied 80 N.Y.2d 901; People v. Walker, 202 A.D.2d 312).
We have considered defendant's other contentions and find them meritless.
Concur — Rosenberger, J.P., Ellerin, Kupferman, Ross and Rubin, JJ.