Opinion
January 13, 2000
Judgment, Supreme Court, New York County (Patricia Williams, J., at jury trial; David Saxe, J., at sentence), rendered June 10, 1997, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
Donald J. Siewert for Respondent.
Lisa M. Porcari for Defendant-Appellant.
SULLIVAN, J.P., WILLIAMS, RUBIN, BUCKLEY, FRIEDMAN, JJ.
The court properly completed the trial in defendant's absence. We find that the trial court conducted a sufficient inquiry as to whether defendant's absence was deliberate (see, People v. Jackman, 222 A.D.2d 241, lv denied 87 N.Y.2d 894) under the circumstances present here involving defendant's sudden disappearance immediately prior to summations after having been seen near the courtroom only a few minutes before. In any event, were we to find that the court's inquiry concerning defendant's absence was inadequate, we would find no basis for reversal because subsequent events confirmed the deliberate nature of defendant's absence (see, People v. Green, 216 A.D.2d 581, lv denied 87 N.Y.2d 902).
We perceive no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.