People v. Rodriguez

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered July 25, 1996, convicting him of two counts of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that since he never waived his Antommarchi rights (People v Antommarchi, 80 NY2d 247 ) at his retrial, he was denied his right to be present at the sidebar with a prospective juror concerning her ability to be fair. A defendant must provide an adequate record for determining whether he or she was wrongfully excluded from a material stage of the trial (see, People v Maher, 89 NY2d 318 ; see also, People v Kinchen, 60 NY2d 772 , 773-774). Here, since the record fails to disclose whether or not the defendant was present during the subject sidebar conference, meaningful appellate review of this issue is precluded (see, People v Vanegas, 237 AD2d 469 ; People v McCargo, 219 AD2d 683 , lv denied 87 NY2d 904 , cert denied 518 US 1008 ).

The defendant’s remaining issues are unpreserved for appellate review and, in any event, are without merit (see, CPL