Opinion
February 27, 1995
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that he was denied due process of law because he was not present at a portion of the Sandoval hearing conducted at a sidebar conference. The defendant was present at the hearing during which the court heard arguments and rendered a final ruling on the motion. Moreover, the sidebar conference was held after the arguments and ruling were made. Since the defendant has failed to demonstrate that he was in any way prejudiced by his alleged absence from the sidebar conference or that his ability to defend himself was in any way compromised, we find that his presence at the sidebar hearing would have been superfluous (see, People v. Ray, 184 A.D.2d 596).
The defendant's remaining contention is unpreserved for appellate review and we decline to reach it in the exercise of our interest of justice jurisdiction. Balletta, J.P., Thompson, Joy and Florio, JJ., concur.