People v. Alcantara

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered July 16, 1993, convicting him of criminal sale of a controlled substance in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was denied his right to a *649fair trial when the trial court conducted a hearing pursuant to People v Ventimiglia (52 NY2d 350) in camera and out of his presence. We disagree. Prior to the in camera hearing, the court asked defense counsel if he would waive his client’s presence and counsel…