People v. Burrows

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that the Sandoval hearing was conducted in his absence and thus he was denied his right to be present at a material stage of the trial (see, People v Dokes, 79 NY2d 656 ). The record clearly indicates that defendant was present for that hearing. The verdict is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). The sentence was not unduly harsh or severe. On summation the prosecutor improperly referred to matters not in evidence. Those comments, however, were not so egregious that defendant was denied a fair trial (see, People v Taylor, 197 AD2d 841 ), and the trial court dispelled any prejudicial impact when it sustained defense counsel’s objections (see, People v Villarino, 184 AD2d 475 , Iv denied 80 NY2d 977 ; People v La Forge, 107 AD2d 896 ). (Appeal from Judgment of Niagara County Court, Fricano, J.—Robbery, 1st Degree.) Present—Denman, P. J., Green, Wesley, Balio and Boehm, JJ.