Opinion
November 18, 1992
Appeal from the Monroe County Court, Connell, J.
Present — Callahan, J.P., Boomer, Pine, Fallon and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of manslaughter after a nonjury trial at which he testified. A Sandoval hearing was held in chambers in defendant's absence and the court's ruling that defendant could be cross-examined on a disorderly conduct conviction was put on the record before he testified. There was no objection to that procedure. We find that defendant's presence at the Sandoval hearing would have been superfluous and that reversal is not required on these facts (see, People v Dokes, 79 N.Y.2d 656, 662). The court did not err in allowing the prosecutor to impeach defendant with his prior statement with respect to which no CPL 710.30 notice was served (see, People v Mitchell, 155 A.D.2d 879, lv denied 76 N.Y.2d 739). Defendant's sentence was neither harsh nor excessive.