Opinion
May 17, 2001.
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered September 4, 1996, convicting defendant, upon his plea of guilty, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years, unanimously affirmed.
Annica H. Jin, for respondent.
Keri A. Gould, for defendant-appellant.
Before: Sullivan, P.J., Nardelli, Williams, Rubin, Marlow, JJ.
Defendant forfeited his right to be present at sentencing. Defendant's removal from the courtroom was justified by his disruptive interruptions of the proceedings and disregard of the court's repeated warnings that he would be removed if he persisted (see, People v. Stroman, 36 N.Y.2d 939, 940; see also, CPL 260.20).
The record, viewed as a whole and in the light of the presumption of regularity afforded to judicial proceedings (see, People v. Dominique, 90 N.Y.2d 880), fails to support defendant's claim that he was not served with a copy of the predicate felony statement at least two days prior to his arraignment on such statement.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.