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PEOPLE v. JOHNSON

7 A.D.3d 639 (2004)

775 N.Y.S.2d 898

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYANT JOHNSON, Appellant.

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

May 10, 2004.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not deprived of his right to be present at the sidebar questioning of a prospective juror, as he validly waived his right to be present (see People v Velasquez, 1 N.Y.3d 44 [2003]; People v Perine, 3 A.D.3d 586 [2004]).

There is no merit to the defendant's contention that he was deprived...

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