Opinion
January 25, 1996
Appeal from the Supreme Court, New York County (Daniel FitzGerald, J.).
The trial court's comments pertaining to defendant's right under People v Antommarchi ( 80 N.Y.2d 247) to be present at sidebar conferences with prospective jurors did not render defendant's waiver of such right involuntary, where, in the end, the trial court did make clear that defendant's right "to come up here at the bench while jurors are being asked questions about whether they can be fair" was "absolute", and defendant waived the right only after consulting with his attorney ( see, People v Hutton, 220 A.D.2d 688; People v Dennis, 206 A.D.2d 843, lv denied 84 N.Y.2d 867; see also, People v Davis, 194 A.D.2d 437, lv denied 82 N.Y.2d 716). We perceive no abuse of sentencing discretion.
Concur — Rosenberger, J.P., Nardelli, Williams, Tom and Mazzarelli, JJ.