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THE PEOPLE, ETC., respondent, v. HAROLD STEENWERTH, appellant. (Ind. No. 415/94)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant' s contention that he was denied his right to be present at all material stages of the trial by his exclusion from sidebar discussions during voir dire is without merit. With respect to those sidebar conferences at which he was not present, the defendant made an intelligent, knowing, and voluntary waiver of his right to be present (see, People v. Stokes, 216 A.D.2d 337).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

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PEOPLE v. STEENWERTH
(Jan 31, 2001)