People v. Freeman

—Judgment unanimously affirmed. Memorandum: The record adequately supports the conclusion that defendant knowingly, voluntarily, and intelligently waived his right to be present at portions of the pretrial Wade-probable cause hearing (see, United States v Wade, 388 US 218). Defendant was present for the testimony of the witnesses on the probable cause issue, but was not in the courtroom for the testimony of the identification witnesses. The colloquy between defense counsel and Supreme Court demonstrates that the decision that defendant waive his presence at the Wade portions of the hearing…