Opinion
June 22, 1998
Appeal from the Supreme Court, Queens County (Hanophy, J.).
Ordered that the judgment is affirmed.
The defendant contends that since he never waived his Antommarchi rights ( People v. Antommarchi, 80 N.Y.2d 247) at his retrial, he was denied his right to be present at the sidebar with a prospective juror concerning her ability to be fair. A defendant must provide an adequate record for determining whether he or she was wrongfully excluded from a material stage of the trial ( see, People v. Maher, 89 N.Y.2d 318; see also, People v. Kinchen, 60 N.Y.2d 772, 773-774). Here, since the record fails to disclose whether or not the defendant was present during the subject sidebar conference, meaningful appellate review of this issue is precluded ( see, People v. Vanegas, 237 A.D.2d 469; People v. McCargo, 219 A.D.2d 683, lv denied 87 N.Y.2d 904, cert denied 518 U.S. 1008).
The defendant's remaining issues are unpreserved for appellate review and, in any event, are without merit ( see, CPL 470.05 1121; People v. Lyons, 81 N.Y.2d 753; People v. Basora, 75 N.Y.2d 992).
Miller, J.P., Thompson, Joy and Florio, JJ., concur.