Opinion
October 9, 2001.
Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered November 19, 1997, as amended December 1, 1997, convicting defendant, after a jury trial, of murder in the first degree (5 counts), attempted murder in the first degree, attempted murder in the second degree (3 counts), criminal use of a firearm in the first degree and criminal possession of a weapon in the second degree, and sentencing him to consecutive terms of life without parole (5 terms), 25 years to life, and 12 1/2 to 25 years (3 terms), concurrent with concurrent terms of 12 1/2 to 25 years and 7 1/2 to 15 years, unanimously affirmed. Judgment, same court and Justice, rendered December 1, 1997, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a concurrent term of 15 years to life, unanimously affirmed.
Peter D. Coddington, for respondent.
Harold V. Ferguson, Jr., for defendant-appellant.
Before: Sullivan, P.J., Nardelli, Williams, Mazzarelli, JJ.
The court properly conducted trial proceedings at a time when defendant was absent as a result of his refusal to be produced. The court had correctly determined that defendant's reason for refusing to appear was groundless, and thoroughly warned defendant that if he persisted the trial would continue without him (see, People v. Epps, 37 N.Y.2d 343, cert denied 423 U.S. 999;see also, People v. Parker, 57 N.Y.2d 136). In any event, the only proceeding conducted in defendant's absence that would normally have required his presence was a sidebar conference with a prospective juror, and defendant had previously made a valid waiver of his right to be present at such sidebars (see, People v. Keen, 94 N.Y.2d 533, 538-539).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.