Opinion
June 4, 1998
Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).
Review of defendant's claim that he was denied his right to be present at robing room discussions with prospective jurors is precluded, since defendant has failed to provide this Court with a record showing any such absence ( see, People v. Maher, 89 N.Y.2d 318, 325; People v. Kinchen, 60 N.Y.2d 772). The existing record, viewed as whole, establishes defendant's presence at the robing room proceedings in question ( see, People v. Styles, 237 A.D.2d 206, lv denied 90 N.Y.2d 864; People v. Rivera, 225 A.D.2d 360, lv denied 88 N.Y.2d 941).
Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.