PEOPLE v. MONTEZ

The totality of the record of the entire voir dire, including all pertinent statements by defendant, his counsel and the court, establishes that defendant knowingly, voluntarily and intelligently waived his right to be present at the sidebar conferences in question (see, People v. Diaz, 246 A.D.2d 397, lv denied 92 N.Y.2d 851; People v. Leonor, 245 A.D.2d 22, lv denied 92 N.Y.2d 855; People v. Contrero, 232 A.D.2d 213, lv denied 80 N.Y.2d 1090).

Defendant' s remaining claims, including those contained in hispro se supplemental brief, are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

Motion seeking an extension of time to file reply brief denied.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.