ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
We reject the defendant's contention that he was denied a fundamental right to be present at all material stages of the trial by his exclusion from numerous sidebar conferences with prospective jurors during voir dire (see, People v. Antommarchi, 80 N.Y.2d 247). The defendant knowingly, voluntarily, and intelligently waived his right to be present when the court confirmed, in the defendant's presence and after the defendant had an opportunity to confer with his counsel, that the defendant agreed to waive his right to be present (see, People v. McNeil, 267 A.D.2d 478; People v. Smallwood, 225 A.D.2d 713).
The defendant's contention that the court improperly charged the jury is unpreserved for appellate review (see, CPL 470.05). In any event, the court's charge to the jury was proper and, read in its entirety, did not shift the burden of proof (see, People v. Maldonado, 220 A.D.2d 212).
The defendant was not denied the effective assistance of counsel (see, People v. Benevento, 91 N.Y.2d 708).
The defendant's remaining contentions are without merit.
S. MILLER, J.P., LUCIANO, FEUERSTEIN and SMITH, JJ., concur.