People v. Closure

—Judgment unani*986mously affirmed. Memorandum: The record is sufficient to support the finding that defendant knowingly, voluntarily, and intelligently waived his right to be present at a portion of a Wade hearing (see, United States v Wade, 388 US 218). Defendant’s reliance upon People v Brockenshire (197 AD2d 921, lv denied 82 NY2d 848) and People v Gaines (144 AD2d 941) is misplaced. In those cases, defendant was not present for a pretrial hearing and the court, without any inquiry, relied upon defense counsel’s purported waiver of defendant’s presence. Here, defendant was present with…