Opinion
August 16, 1999.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.).
Ordered that the judgment is affirmed.
We reject the defendant's contention that he was denied a fundamental right to be present at all material stages of the trial by his exclusion from sidebar discussions during voir dire ( see, People v. Antommarchi, 80 N.Y.2d 247; People v. People, 223 A.D.2d 732). The defendant, after discussing the matter with his attorney, signed a waiver stating that he was advised of his rights and agreed to waive his right to be present at sidebar discussions during voir dire. Therefore, the waiver was knowingly, intelligently, and voluntarily given ( see, People v. Varga, 88 N.Y.2d 363; People v. McGee, 208 A.D.2d 388).
Altman, J. P., Friedmann, McGinity and Schmidt, JJ., concur.