Opinion
Submitted November 28, 2000.
December 27, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered February 3, 1997, convicting him of robbery in the first degree (four counts) and robbery in the second degree (four counts), upon a jury verdict, and imposing sentence.
Johanna G. Hendrix, Staten Island, N.Y., for appellant.
William L. Murphy, District Attorney, Staten Island, N Y (Jonathan J. Silbermann and Jillian S. Harrington of counsel), for respondent.
Before: DAVID S. RITTER, J.P., HOWARD MILLER, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that he was denied his right to be present at all material stages of the trial is without merit (see, People v. Washington, 246 A.D.2d 676, 677; People v. DelRio, 220 A.D.2d 122, 132).
Moreover, the trial court providently exercised its discretion in permitting the People to amend the indictment prior to trial. The amendment did not change the theory of the prosecution, and the defendant failed to present "evidence of any viable defense he was forced to forego or how he was otherwise misled to his detriment by the amendment" (People v. Hartman, 123 A.D.2d 883; see, People v. Gilbert, 142 A.D.2d 686, 687; see also, CPL 200.70; People v. Ames, 115 A.D.2d 543).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 85-86).
The defendant's remaining contention is without merit.