People v. Rivera

Rosenberger, J. P.

(dissenting.)

I respectfully dissent. Since I believe that the audibility hearing was a material stage of *180the proceedings at which defendant had a right to be present under CPL 260.20 (see, People v Cain, 76 NY2d 119, 121 [harmless error analysis inapplicable to denial of right to be present]), the judgment should be reversed and the matter remanded for a new trial. Although defense counsel made no further objection once his request concerning defendant’s presence was denied, the issue is preserved for our review because under CPL 470.05 (2), a party who unsuccessfully seeks…