Opinion
February 10, 2000
Judgments, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered March 14, 1996, convicting defendant, after a jury trial, of attempted murder in the second degree (two counts), robbery in the first degree and reckless endangerment in the first degree, and upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to two consecutive terms of 10 to 20 years, concurrent with concurrent terms of 10 to 20 years, 10 to 20 years and 3 1/2 to 7 years, unanimously affirmed.
Cheryl D. Harris, for respondent.
William B. Carney Pro Se, for defendant-appellant.
SULLIVAN, J.P., WILLIAMS, MAZZARELLI, WALLACH, LERNER, JJ.
The totality of the record of the entire voir dire, including all pertinent statements by defendant, his counsel and the court, establishes that defendant knowingly, voluntarily and intelligently waived his right to be present at the sidebar conferences in question (see, People v. Diaz, 246 A.D.2d 397, lv denied 92 N.Y.2d 851; People v. Leonor, 245 A.D.2d 22, lv denied 92 N.Y.2d 855; People v. Contrero, 232 A.D.2d 213, lv denied 80 N.Y.2d 1090).
Defendant's remaining claims, including those contained in hispro se supplemental brief, are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
Motion seeking an extension of time to file reply brief denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.