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PEOPLE, & C., RESPONDENT, v. JOHN MASON, APPELLANT.

89 N.Y.2d 878, 676 N.E.2d 71, 653 N.Y.S.2d 542 (1996)
December 18, 1996

1 No. 294 SSM 31 [1996 NY Int. 244]
Decided December 18, 1996

This opinion is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Andrea G. Hirsch, for Appellant.
Submitted by Patsy Bonanno, for Respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. Defendant was convicted of manslaughter in the first degree, criminally negligent homicide, and criminal possession of a weapon in the third degree, and sentenced to concurrent terms of 8 to 16 years, 2 to 4 years and 3 1/2 to 7 years.

Although defendant initially argued that he had been deprived of his right to be present at a material stage of trial, defendant now concedes that the Appellate Division correctly found that he had not been erroneously excluded from sidebar conferences during questioning of potential jurors. Defendant's remaining claim of error is unpreserved.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

Decided December 18, 1996