—Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered December 3, 1996, convicting defendant, after a jury trial, of murder in the second degree and conspiracy in the second degree, and sentencing him to concurrent terms of 25 years to life and 8V3 to 25 years, respectively, unanimously affirmed.
Defendant’s suppression motion was properly denied. The court properly determined that the delay in arraignment did not render his statements involuntary or cause defendant’s right to counsel to attach automatically (see, People v Hopkins,
The People’s application pursuant to Batson v Kentucky (
Defendant was not entitled, under the circumstances, to be present at conferences at which defense counsel exercised peremptory challenges. Counsel frequently left these conferences to confer with his client regarding the challenges. Defendant’s absence had no effect on his opportunity to defend in light of the fact that his attorney was only performing the ministerial task of exercising the peremptory challenges to which defendant had agreed (see, People v Cameron,
The court properly determined that the evidence challenged by defendant as hearsay was admissible under the coconspirators and the declarations against penal interest exceptions to the hearsay rule (see, People v Sanders,
The court properly modified its Sandoval ruling to permit questioning into the precluded underlying facts of defendant’s weapon possession conviction, including the fact that this conviction arose out of a robbery. Defendant opened the door to such inquiry when, in his direct testimony, he denied his guilt of the weapon charge to which he had pleaded guilty (see, People v Rodriguez,
We perceive no basis for reduction of sentence. Concur— Sullivan, P. J., Nardelli, Williams, Tom and Friedman, JJ.
