People v. Herrmann

—Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered June 11, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 2 to 6 years, unanimously affirmed.

Defendant’s claim that his right to be present at trial was violated is unreviewable because the record does not establish defendant’s exclusion from the proceeding at issue. In any event, defendant was not entitled to be present at the colloquy with a deliberating juror at which no substantive…