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PEOPLE v. BROWN

38 A.D.3d 795 (2007)

832 N.Y.S.2d 277

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW BROWN, Appellant.

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

Decided March 20, 2007.

Ordered that the judgment is affirmed.

The record does not support the defendant's contentions that the trial judge was "physically or constructively absent from [a] material stage of the proceedings" (People v Mellerson, 15 A.D.3d 964, 965 [2005]). No juror was questioned or excused in the absence of the court (see People v Toliver, 89 N.Y.2d 843

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