PEOPLE v. BROWN

We find that totality of the record establishes that defendant voluntarily, knowingly, and intelligently waived his rights under People v. Antommarchi ( 80 N.Y.2d 247, 250), to be present at certain sidebar conferences with prospective jurors. Although the waiver was conveyed by counsel, defendant was clearly aware of his right to be present, since he exercised that right by participating in other such conferences ( People v. Santana, 247 A.D.2d 201, lv denied 91 N.Y.2d 977) and was present when counsel thereafter waived in open court.

Concur — Lerner, P. J., Ellerin, Andrias and Saxe, JJ.