| People v Ricketts |
| 2008 NY Slip Op 00722 [47 AD3d 954] |
| January 29, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Delroy Ricketts, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Camille O'HaraGillespie, and Michael Tenenbaum of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.),rendered December 9, 2004, convicting him of murder in the second degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
A criminal defendant has a constitutional and statutory right to be present at all materialstages of the trial (see People v Rolle, 4 AD3d 542 [2004]). A defendant, however, mustprovide an adequate record for determining whether he or she was wrongfully excluded from amaterial stage of the trial (see People v Borzouye, 265 AD2d 419 [1999]; People vRodriguez, 251 AD2d 603 [1998]). Here, as the record fails to disclose when and for whatduration, if at all, the defendant was asleep during the jury selection process, meaningfulappellate review of this issue is precluded (see People v Borzouye, 265 AD2d 419[1999]; People v Rodriguez, 251 AD2d 603 [1998]; People v Vanegas, 237AD2d 469, 470 [1997]).
The defendant's contention alleging ineffective assistance of counsel is without merit (seePeople v Familia, 37 AD3d 848 [2007]; People v Nakovics, 144 AD2d 704 [1988]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Rivera, J.P., Spolzino, Carni and McCarthy, JJ., concur.