Opinion
Submitted March 20, 2000.
May 3, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered November 27, 1996, convicting him of attempted robbery in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Edward S. Graves of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not err in denying his request for an adverse inference charge with regard to a plastic bag left at the crime scene. In any event, the People's failure to preserve the plastic bag did not prejudice the defendant (see, People v. Cannonier, 236 A.D.2d 619; People v. Bailey, 215 A.D.2d 676).
With respect to the defendant's Antommarchi claim (see, People v. Antommarchi, 80 N.Y.2d 247), he knowingly, voluntarily, and intelligently waived his right to be present during sidebar conferences with prospective jurors (see, People v. Bestman, 262 A.D.2d 567; People v. Broadwater, 248 A.D.2d 719).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.
BRACKEN, J.P., O'BRIEN, KRAUSMAN and GOLDSTEIN, JJ., concur.