Opinion
June 1, 1995
Appeal from the Supreme Court, Bronx County (John Collins, J.).
Defendant's waiver of his right to be present at sidebar conferences during jury selection, a material stage of trial, may not have been voluntarily given ( People v. Antommarchi, 80 N.Y.2d 247, 250). However, we find no prejudice to defendant in view of the jurors who ultimately served.
The evidence shows that the complaining witnesses had ample opportunity to observe defendant at close range under goodlighting conditions while defendant robbed them. Discrepancies between their initial descriptions of defendant and their trial testimony presented factual questions for the jury ( People v. Jenkins, 174 A.D.2d 379, lv denied 78 N.Y.2d 968).
Concur — Rubin, J.P., Kupferman, Asch and Tom, JJ.