Opinion
4021.
Decided June 29, 2004.
Judgment, Supreme Court, New York County (John E.H. Stackhouse, J.), rendered April 19, 2002, convicting defendant, after a jury trial, of auto stripping in the second degree and petit larceny, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.
Laura R. Johnson, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (John A. Zadrozny of counsel), for respondent.
Before: Tom, J.P., Andrias, Williams, Marlow, Gonzalez, JJ.
The court properly refused defendant's request to absent himself during the trial testimony of one of the People's identifying witnesses, since the People were entitled to have defendant present for identification purposes ( see People v. Winship, 309 N.Y. 311, 313-314; People v. Jackson, 135 A.D.2d 831; People v. Rheubottom, 131 A.D.2d 790, 791, lv denied 70 N.Y.2d 716) . Moreover, defendant never explained why he wished to be absent.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.