Opinion
November 18, 1992
Appeal from the Erie County Court, D'Amico, J.
Present — Boomer, J.P., Green, Balio, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Although defendant had the right to be present during the Sandoval hearing (see, People v Dokes, 79 N.Y.2d 656), the record supports a finding that defendant knowingly, voluntarily, and intelligently waived his right to be present (see, People v Parker, 57 N.Y.2d 136, 140; cf., People v Gaines, 144 A.D.2d 941). Defendant has failed to preserve for our review his contention that comments made by the prosecutor during summation deprived him of a fair trial (see, CPL 470.05), and we decline to reach that issue in the interest of justice (see, People v Demott, 178 A.D.2d 935, lv denied 79 N.Y.2d 946). In any event, the comments represented a fair response to the summation of defense counsel (see, People v Price, 144 A.D.2d 1013, lv denied 73 N.Y.2d 895).