Opinion
2000-05302
Argued October 22, 2002.
November 12, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered May 25, 2000, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of the counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni C. Piplani of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to satisfy his burden of coming forward with substantial evidence to rebut the presumption of regularity that attaches to all criminal proceedings (see People v. Robinson, 191 A.D.2d 523) regarding his claim that the court deprived him of the right to be present during the issuance of supplemental jury instructions (see People v. Mehmedi, 69 N.Y.2d 759, 760; People v. Rodriguez, 256 A.D.2d 478).
The defendant's remaining contention is unpreserved for appellate review.
PRUDENTI, P.J., ALTMAN, FRIEDMANN and RIVERA, JJ., concur.