PEOPLE v. DAUM

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 is without merit (see, People v. Washington, 246 A.D.2d 676, 677; People v. DelRio, 220 A.D.2d 122, 132).

Moreover, the trial court providently exercised its discretion in permitting the People to amend the indictment prior to trial. The amendment did not change the theory of the prosecution, and the defendant failed to present "evidence of any viable defense he was forced to forego or how he was otherwise misled to his detriment by the amendment" (People v. Hartman, 123 A.D.2d 883; see, People v. Gilbert, 142 A.D.2d 686, 687; see also, CPL 200.70; People v. Ames, 115 A.D.2d 543).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 85-86).

The defendant's remaining contention is without merit.