Opinion
May 16, 1996
Appeal from the Supreme Court, New York County (Daniel FitzGerald, J.).
Review of defendant's claim that she was denied her right to be present at sidebar discussions with prospective jurors during voir dire is precluded since defendant has failed to provide this Court with a record showing any such absence ( People v. Kinchen, 60 N.Y.2d 772; People v. Brown, 186 A.D.2d 356). The inconclusive affidavit of the court reporter submitted by defendant is dehors the record and may not properly be considered on this appeal.
Concur — Rosenberger, J.P., Rubin, Kupferman, Nardelli and Tom, JJ.