Opinion
July 11, 1996
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
Defendant was properly excluded from the sidebar, since in that sidebar there was "a mere preliminary advisement of the court of challenges later effectuated in open court in the presence of defendant and thus [it] did not constitute a material part of the trial" ( People v. Velasco, 77 N.Y.2d 469, 473). Defendant attempted to challenge an unsworn prospective juror immediately upon learning that his attorney had failed to do so, in the sidebar, contrary to defendant's instructions. By refusing to entertain defendant's application to strike this prospective juror, the trial court deprived defendant of an opportunity to participate in final jury selection.
While defendant asserts that his guilty plea should be vacated, defendant pleaded guilty to a separate crime for which he received a consecutive, not a concurrent, sentence. Since defendant's plea, therefore, was not induced by the understanding that his sentence would be concurrent with the sentence for the conviction after trial, there is no basis for vacating the plea ( cf., People v. Fuggazzatto, 62 N.Y.2d 862, 863).
We have examined defendant's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Wallach, Ross and Nardelli, JJ.