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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK WILLIAMS, Appellant.

Ordered that the judgment is affirmed.

Although the defendant contends that he was deprived of his right to be present at a material stage of the trial when the court gave supplemental instructions and read-back testimony to the jury, the defendant has failed to put forth evidence to rebut the presumption of regularity to which the proceedings are entitled (see, People v. Rodriguez, 154 A.D.2d 488).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit (see, CPL 200.20 [b], [c]; People v. Velasquez, 190 A.D.2d 534; People v. Gardner, 186 A.D.2d 818; People v. Miller, 169 A.D.2d 938; People v. Mason, 128 A.D.2d 812). Sullivan, J.P., O'Brien, Copertino and Krausman, JJ., concur.

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PEOPLE v. WILLIAMS
(Oct 30, 1995)