Opinion
Argued October 28, 1965
Decided December 1, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PETER T. FARRELL, J.
Phylis Skloot and Anthony F. Marra for appellant.
Frank D. O'Connor, District Attorney ( Benj. J. Jacobson of counsel), for respondent.
Judgment affirmed. Regardless of whether a hearing under section 813-c of the Code of Criminal Procedure is to be regarded as a part of the trial at which an accused has a right to be present, appellant had been notified of this hearing and waived the right to be present by being a fugitive from justice (cf. People v. La Barbera, 274 N.Y. 339; Diaz v. United States, 223 U.S. 442, 455).
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.