Opinion
(IND. NO. 2174/92)
Argued September 6, 2001.
September 24, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered April 22, 1998, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Murray E. Singer, Forest Hills, N.Y., for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Merri Turk Lasky of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P. LEO F. McGINITY HOWARD MILLER SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
We reject the defendant's contention that he was denied his right to be present during a material stage of the trial when the Supreme Court questioned two sworn jurors in chambers in the defense counsel's presence. The record indicates that the inquiries pertained to one juror's knowledge of martial arts and the other juror's concern that some of the jury members had discussed the opening statements. The nature and scope of these inquiries had no bearing on the defendant's guilt or innocence (see, People v. Torres, 80 N.Y.2d 944, 945; People v. Mitchell, 80 N.Y.2d 519, 526; People v. Darby, 75 N.Y.2d 449, 453; People v. Mullen, 44 N.Y.2d 1, 6; People v. Crossland, 251 A.D.2d 509).
The defendant's contention that he received ineffective assistance of counsel is without merit (see, People v. Benevento, 91 N.Y.2d 708).
The defendant's remaining contention, raised in his supplemental pro se brief, is unpreserved for appellate review, and in any event, is without merit.
GOLDSTEIN, J.P., McGINITY, H. MILLER and TOWNES, JJ., concur.