Opinion
October 1, 1993
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Denman, P.J., Green, Balio, Fallon and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was charged with assault in the first degree. According to police officers investigating the incident, defendant gave oral and written statements admitting that he stabbed the victim. After a Huntley hearing at which the investigating officers testified about the statements, the court concluded that defendant made the statements voluntarily. At trial, one of the officers testified about defendant's oral statement, and stated that defendant admitted that he had attempted to stab two other men who were assisting the victim. There had been no testimony to that effect at the Huntley hearing. Defense counsel moved for a mistrial, asserting that defendant had not been notified of the statement pursuant to CPL 710.30. The court properly denied the motion. The notice pursuant to CPL 710.30 "`need not contain a verbatim report of a defendant's oral statement'" (People v. Garrow, 151 A.D.2d 877, 879, lv denied 74 N.Y.2d 948, quoting People v Ludolph, 63 A.D.2d 77, 80; see, People v. LaPorte, 184 A.D.2d 803, lv denied 80 N.Y.2d 905) and where the difference between the officer's testimony concerning the oral statement at trial and at the Huntley hearing is not material and does not prejudice defendant, reversal is not required (see, People v. LaPorte, supra). We conclude that the statement complained of was not material to the case and, in any event, did not prejudice defendant. He admitted that he stabbed the victim and the jury chose to reject his justification defense.
The court properly determined that defendant's absence from the trial was deliberate. On the second day of trial, defendant failed to appear. The court adjourned until that afternoon to allow both the prosecutor and defense counsel to attempt to locate defendant. The efforts of counsel constitute a reasonable inquiry (see, People v. Nance, 175 A.D.2d 185, lv denied 79 N.Y.2d 861) and the court was not obligated to conduct any further investigation. Although the court failed to state on the record the facts and reasons upon which it relied in determining that defendant's absence was deliberate, the record contains sufficient facts to support the court's determination (see, People v. Brooks, 75 N.Y.2d 898, mot to amend remittitur granted 76 N.Y.2d 746).