Opinion
March 5, 1998
Appeal from the Supreme Court, New York County (Bernard Fried, J., at suppression hearing; Jay Gold, J., at jury trial and sentence).
Defendant's motion to suppress physical evidence and identification testimony was properly denied. Contrary to defendant's argument, the People properly established ( see, CPL 710.60; compare, People v. Rose, 219 A.D.2d 564, lv denied 87 N.Y.2d 850, with People v. Gonzalez, 80 N.Y.2d 883) the fact that the defendant was apprehended by civilians, by presenting an officer's testimony as to his conversation with the complainant, as well as a sufficiently self-authenticating 911 tape ( see, People v. Lynes, 49 N.Y.2d 286).
Contrary to defendant's contention, the record, in its entirety, reveals that he knowingly, voluntarily and intelligently waived his right to be present at sidebar conferences with prospective jurors and that such waiver was not invalid merely because it was expressed by counsel rather than in defendant's own voice ( see, People v. Vargas, 88 N.Y.2d 363; People v. Diaz, 246 A.D.2d 397).
We find the sentence imposed excessive to the extent indicated.
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Rosenberger, J. P., Ellerin, Wallach and Rubin, JJ.