Problem with Sidebar Menu

Hi All,

I have a question about a menu that I created for my sidebar. It seems to act funky when there is no information to display on the page. For example, when I search and no results come up the menu shows up in the sidebar with all the top level ‘pages.’ Also, when I am looking at index.php or single.php and there is no information to be displayed this same menu appears. I didn’t write the php, rather did a copy and paste of php that seemed to do what I wanted. So the question would be, what can I add to the code to prevent this from happening. Thanks for whatever advice you can throw my way.

[Code moderated as per the Forum Rules. Please use the pastebin]