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THE PEOPLE, ETC., respondent, v. LARRY ANDREW, a/k/a LARRY ANDREWS, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to satisfy his burden of coming forward with substantial evidence to rebut the presumption of regularity that attaches to all criminal proceedings (see People v. Robinson, 191 A.D.2d 523) regarding his claim that the court deprived him of the right to be present during the issuance of supplemental jury instructions (see People v. Mehmedi, 69 N.Y.2d 759, 760; People v. Rodriguez, 256 A.D.2d 478).

The defendant's remaining contention is unpreserved for appellate review.

PRUDENTI, P.J., ALTMAN, FRIEDMANN and RIVERA, JJ., concur.

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PEOPLE v. ANDREW
(Nov 12, 2002)