Opinion
January 24, 1995
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
The hearing court properly found that the police had probable cause to arrest defendant, based upon an identified citizen's report, made in furtherance of prior discussion with a particular detective, that the informant could lead the officers to a person who had murdered a named individual (see, People v. Chipp, 75 N.Y.2d 327, 339-340, cert denied 498 U.S. 833).
Appellate review of defendant's claim that he was denied his right to be present during various sidebar conferences is precluded by defendant's failure to provide a record in support of that claim (see, People v. Walker, 202 A.D.2d 312, lv denied 83 N.Y.2d 972).
Based on the available record, and in the absence of any additional background facts that might have been developed had an appropriate post-judgment motion been made pursuant to CPL 440.10 (People v. Love, 57 N.Y.2d 998, 1000), we cannot conclude that defendant's trial counsel was ineffective (People v. Baldi, 54 N.Y.2d 137).
We perceive no abuse of discretion in sentencing.
Concur — Sullivan, J.P., Rosenberger, Wallach and Asch, JJ.