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PEOPLE v. ELLIS

306 A.D.2d 539 (2003)

761 N.Y.S.2d 854

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDY ELLIS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 30, 2003.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record establishes that he waived his right to be present at sidebar discussions prior to the commencement of the voir dire of prospective jurors, and that the waiver was made knowingly, voluntarily, and intelligently (see People v Keen, 94 N.Y.2d 533, 538-539 [2000]; People v Vargas, 88 N.Y.2d 363

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