The People's evidence, establishing defendant's perpetration of the five charged gunpoint robberies, was overwhelming. The record developed by the hearing court conclusively establishes that defendant, through counsel, affirmatively waived his right to be present during a portion of the Wade hearing, for strategic reasons. Defendant ratified counsel's request in the court's presence, and acknowledged that he understood the consequences thereof (see, e.g., People v. Davis, 194 A.D.2d 437). Defendant's contention that his presence is a non-waivable right is without merit (see, People v. Epps, 37 N.Y.2d 343, 349, cert denied 423 U.S. 999; People v. Parker, 57 N.Y.2d 136, 139-141).
Nor is there merit to defendant's contention that his sentence is excessive. In the circumstances here present, it cannot be said that the sentencing court abused its discretion as a matter of law, and accordingly, the sentence should not be disturbed.
We have examined the remainder of defendant's contentions. Several are unpreserved. All are meritless.
Concur — Sullivan, J.P., Rosenberger, Ross and Asch, JJ.