Opinion
April 11, 1991
Appeal from the Supreme Court, Bronx County (Bernard Jackson, J.).
Contrary to defendant's argument on appeal, the identification evidence, viewed in a light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), was legally sufficient to establish his guilt beyond a reasonable doubt. The weight of the evidence consisting of the complainant's in-court and lineup identification of defendant establishes that defendant was the person who robbed the complainant of $16 while she was waiting for an elevated train (People v. Bleakley, 69 N.Y.2d 490).
Defendant's absence from the charge conference was not a material stage of the trial at which defendant's absence, without objection, affected any substantial right of defendant, or bore any reasonably substantial relation to defendant's opportunity to defend against the charges. (People v. Romero, 168 A.D.2d 316.)
Concur — Sullivan, J.P., Wallach, Asch and Smith, JJ.