Opinion
May 17, 1999
Appeal from the County Court, Nassau County (Kowtna, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the trial court improperly proceeded with a Sandoval hearing in his absence when he was late in arriving at court is without merit. A criminal defendant's constitutional and statutory right to be present during all material portions of the trial of the indictment ( see, CPL 260.20) may be waived, either expressly or impliedly, provided that the waiver was knowing, voluntary, and intelligent ( see, People v. Parker, 57 N.Y.2d 136, 140). In this case, defense counsel expressly waived the defendant's presence for purposes of the Sandoval hearing, and participated in the hearing in the absence of the defendant without objection. Moreover, neither the defendant nor his attorney raised an objection or moved to reopen the hearing at any subsequent point in time ( see, People v. Foust, 180 A.D.2d 814; People v. Peterson, 151 A.D.2d 512).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Bracken, J. P., Santucci, McGinity and Feuerstein, JJ., concur.