AD4 order dated January 3, 2014, affirming judgment of conviction. Decision below: 101 AD3d 1775, 956 NYS2d 389. Smith, J., granted leave September 24, 2014. To be argued April 26, 2016.

ISSUES PRESENTED: (1) The validity of defendant’s waiver of his right to be present at sentencing. (2) Whether defendant’s waiver of his right to appeal forfeits his claim that the court erred in sentencing him in absentia.