Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Dong Nguyen, Appellant
237 A.D.2d 298655 N.Y.S.2d 408·New York Supreme Court, Appellate Division·1997·NY
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Opinion
The People of the State of New York, Respondent, v Dong Nguyen, Appellant.
[655 NYS2d 408]
[MAJORITY]
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Goldstein, J.), rendered April 25, 1994, convicting him of burglary in the first degree, robbery in the first degree, criminal possession of a weapon in the second degree (2 counts), and criminal possession of a weapon in the third degree (2 counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
A defendant has a right to be present at sidebar conferences with prospective jurors which explore their backgrounds and their ability to weigh the evidence objectively (see, People v Antommarchi, 80 NY2d 247). Here, the defendant knowingly, voluntarily, and intelligently waived his right to be present prior to the commencement of the voir dire (see, People v Smallwood, 225 AD2d 713).
The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Mangano, P. J., Bracken, Rosenblatt and Miller, JJ., concur.