Opinion
May 30, 1995
Appeal from the Supreme Court, Kings County (Kriendler, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's argument that he was deprived of his right to be present at side-bar conferences during the voir dire, we find that he knowingly, voluntarily, and intelligently waived that right (see, People v Epps, 37 N.Y.2d 343, 349-350, cert denied 423 U.S. 999; People v Underwood, 201 A.D.2d 597). Both the court and his counsel advised the defendant of his right to be present and apprised him of the circumstances involved in his attendance at the side bar. Presented with a constitutionally-valid choice of either being accompanied by court officers whenever he was to approach the bench or to waive his right to be present, the defendant made an informed strategic decision to choose the latter (see, People v Underwood, supra).
The defendant's remaining contentions are unpreserved for appellate review. Balletta, J.P., Copertino, Altman and Goldstein, JJ., concur.