Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Nelson Delacruz, Appellant
272 A.D.2d 84714 N.Y.S.2d 668·New York Supreme Court, Appellate Division·2000·NY
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Opinion
The People of the State of New York, Respondent, v Nelson Delacruz, Appellant.
[714 NYS2d 668]
[MAJORITY]
—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered October 22, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree and bail jumping in the first degree, and sentencing him to consecutive terms of 1 to 3 years, unanimously affirmed.
The record establishes that defendant effectively waived his right to be present at sidebar conferences during jury selection (see, People v Diaz, 246 AD2d 397, 398, lv denied 92 NY2d 851). Defendant’s argument concerning the court’s charge is unpreserved and we decline to review it in the interest of justice. Concur — Rubin, J. P., Andrias, Saxe, Buckley and Friedman, JJ.