People v. Gould

—Judgment unanimously affirmed. Memorandum: By failing to challenge the constitutionality of CPL 400.10 (2) at County Court, defendant failed to preserve that issue for review (see, People v Iannelli, 69 NY2d 684, 685, cert denied 482 US 914; People v Ferris, 105 AD2d 1136). In any event, we conclude that CPL 400.10 (2), which provides for a presentence conference in chambers in the absence of defendant, does not deprive defendant of his constitutional right to be present at a material stage of his trial. Defendant’s absence from a presentence conference bears no substantial relation to the…