Opinion
2001-10443
Submitted June 10, 2003.
June 30, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges J.), rendered October 31, 2001, convicting him of criminal possession of a controlled substance in the second degree, upon a jury verdict, and imposing sentence.
Edward H. Wolf, Bronx, N.Y. (Robert Laureano of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Karol B. Mangum of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, NANCY E. SMITH, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the record establishes that he waived his right to be present at sidebar discussions prior to the commencement of the voir dire of prospective jurors, and that the waiver was made knowingly, voluntarily, and intelligently ( see People v. Keen, 94 N.Y.2d 533, 538-539; People v. Vargas, 88 N.Y.2d 363, 375; People v. Antommarchi, 80 N.Y.2d 247, 250; People v. Velasquez, 298 A.D.2d 608; People v. Derti, 285 A.D.2d 611; People v. Tappin, 264 A.D.2d 449).
The defendant's remaining contention is unpreserved for appellate review, and, in any event, does not require reversal.
PRUDENTI, P.J., ALTMAN, SMITH and ADAMS, JJ., concur.