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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN BROOKS, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant argues that reversal is required because a Sandoval hearing was held in his absence. We are unable to review that contention; the stipulated record makes no reference to a Sandoval hearing. The court's finding that the undercover investigator had an independent basis for his in-court identification of defendant is supported by the record (see, People v Burgos, 107 A.D.2d 1041). Defendant's pro se argument concerning prosecutorial misconduct is unpreserved and we decline to reach it in the interest of justice. We have examined defendant's remaining arguments on appeal and find them to be without merit.

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PEOPLE v. BROOKS
(Feb 5, 1993)