
    The People of the State of New York, Respondent, v Andre Collier, Appellant.
    [767 NYS2d 651]
   Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered May 31, 2001, convicting him of attempted murder in the second degree, robbery in the first degree (two counts), assault in the first degree, and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]). Further, we are satisfied that the defendant received the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]).

Under the circumstances of this case, the defendant was not deprived of his right to be present at a material stage of the trial (see People v Velasquez, 1 NY3d 44 [2003]; People v Sprowal, 84 NY2d 113 [1994]; People v Velasco, 77 NY2d 469 [1991]; People v Hizbullah, 273 AD2d 409 [2000]; People v Brown, 269 AD2d 539 [2000]).

The defendant’s contention that a detective’s testimony violated his right to confront an unavailable witness is unpreserved for appellate review (see CPL 470.05 [2]; People v Elliott, 256 AD2d 418 [1998]; People v White, 210 AD2d 271 [1994]). In any event, any error was harmless in light of the overwhelming evidence of guilt (see People v Crimmins, 36 NY2d 230 [1975]; People v Elliott, supra). Altman, J.P, Florio, Luciano and Rivera, JJ., concur.  