Opinion
October 8, 1998
Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility and reliability of identification testimony.
Based on the totality of the record, we conclude that defendant's waiver of his right to be present at sidebar conferences with prospective jurors was knowingly, intelligently and voluntarily made ( see, People v. Vargas, 88 N.Y.2d 363, 375-376; People v. Leonor, 245 A.D.2d 22, lv denied 92 N.Y.2d 855).
Concur — Sullivan, J. P., Rubin, Tom and Saxe, JJ.