Opinion
November 15, 1994
Appeal from the Supreme Court, New York County (Edwin Torres, J.).
Defendant failed to prove the affirmative defense to felony murder, as there was overwhelming evidence that defendant aided the commission of the homicidal act and had reasonable ground to believe that another participant was armed with a deadly weapon (Penal Law § 125.25 [c]).
The trial court properly accepted the prosecutor's reasonable race-neutral explanations for challenging individual veni-repersons (People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352). Defendant's absence from sidebar conferences during jury voir dire in these 1991 proceedings does not constitute reversible error (People v. Mitchell, 80 N.Y.2d 519; People v Sprowal, 84 N.Y.2d 113). Additionally, any loss of opportunity to observe prospective jurors that did not serve on the jury cannot be said to have operated to defendant's prejudice (see, People v Shabani, 203 A.D.2d 142, 143), nor was defendant's opportunity to defend affected in any substantial manner (see, People v Mullen, 44 N.Y.2d 1).
In deciding the appeal of codefendant Ricardo Nova (People v Nova, 198 A.D.2d 193, lv denied 83 N.Y.2d 808), this Court rejected defendant's claim alleging impropriety in connection with jury instruction.
We perceive no abuse of discretion in sentencing.
Concur — Murphy, P.J., Rosenberger, Wallach, Kupferman and Asch, JJ.