Opinion
January 29, 1996
Appeal from the Supreme Court, Queens County (Finnegan, J.).
Ordered that the judgment is affirmed.
The defendant signed a written document stating that he waived his right to be present at sidebar discussions with prospective jurors, that he had a full opportunity to discuss this matter with his attorney and that he had signed the waiver "in open court, in the presence of this Court, and with the approval of this Court and with the advice and consent of his attorney". The document was also signed by the court and by defense counsel. Accordingly, the defendant's contention that he did not voluntarily, knowingly and intelligently waive his right to be present during sidebar conferences with prospective jurors is without merit ( see, e.g., People v McGee, 208 A.D.2d 388; see also, People v Epps, 37 N.Y.2d 343, 349-350, cert denied 423 U.S. 999).
Contrary to the defendant's contention, the remarks by the prosecutor were fair comment on the evidence and constituted legitimate responses to the defense counsel's summation ( see, People v Galloway, 54 N.Y.2d 396; see also, People v Ashwal, 39 N.Y.2d 105). Rosenblatt, J.P., O'Brien, Pizzuto and Goldstein, JJ., concur.