People v. Valentine

Judgment, Supreme Court, New York County (John E.H. Stackhouse, J), rendered March 8, 2002, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

*276Defendant “has failed to meet his burden of coming forward with substantial evidence establishing his absence” (People v Foster, 1 NY3d 44, 48 [2003]) from part of his Sandoval hearing. While defendant asserts that he was not produced in court until after a colloquy between the…