Opinion
No. 2003-51 WCR.
Decided June 9, 2004.
Appeal by defendant from a judgment of the City Court, City of New Rochelle, Westchester County (J. Colangelo, J.), rendered December 6, 2002, after a jury trial, convicting him of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
Inasmuch as the discussions taking place in chambers outside of the presence of defendant solely concerned questions of law regarding the charge to the jury, defendant's presence was not required ( see People v. Williams, 85 NY2d 945, 947; People v. Velasco, 77 NY2d 469, 472). We further find that defendant failed to establish that he received ineffective assistance of counsel during his suppression hearing ( see People v. Hobot, 84 NY2d 1021).