Opinion
September 28, 2000.
Judgment, Supreme Court, New York County (Michael Corriero, J.), rendered April 9, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first and second degrees, and sentencing him, as a second felony offender, to concurrent terms of 15 years to life and 6 years to life, respectively, unanimously affirmed.
Brian O'Donoghue, for respondent.
Trevor L.F. Headley, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Lerner, Andrias, Buckley, JJ.
To the extent that the record permits review (see, People v. Kinchen, 60 N.Y.2d 772, 77 4), it establishes that defendant was not deprived of the right to be present at any material stage of the proceedings. Since each of the sidebar conferences at issue involved either the uncontested excusal of jurors for cause or a discussion of matters of law and procedure between counsel and the court, defendant's presence was not required (see, People v. Rodriguez, 85 N.Y.2d 586, 590-591).
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find the challenged portions of the People's summation did not deprive defendant of a fair trial (see, People v. Overlee, 236 A.D.2d 134, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.