People v. Van

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered April 17, 1989, convicting defendant, after a jury trial, of two counts of attempted robbery in the second degree and sentencing him, as a second violent felony offender, to two concurrent prison terms of 2 Vi to 5 years, is unanimously affirmed.

On appeal, defendant raises a single claim, arguing that he was absent at a material stage of the proceedings when the court, during a lunch recess, received a note from the deliberating jury requesting a report which was not in evidence. The court directed the clerk to…