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People v. Smith

Court of Appeals of the State of New York
Oct 24, 1985
488 N.E.2d 109 (N.Y. 1985)

Opinion

Decided October 24, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Barry Salman, J.

Mario Merola, District Attorney (Tracey J. Miller of counsel), for appellant.

Juliet Neisser for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to the Appellate Division for consideration of the facts (CPL 470.40 [b]; 470.25 [2] [d]).

Defendant was present when his case was assigned to Trial Part and was made aware by the assigning judge's instructions that should the parties run out of witnesses at the pretrial hearing, requiring that the hearing be adjourned, the trial was to begin at that point, or, in any event, immediately following the conclusion of the hearing. Thus, by absconding after the third day of the hearing, defendant forfeited his right to be present at trial (People v Sanchez, 65 N.Y.2d 436).

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed and case remitted to the Appellate Division, First Department, for further proceedings in accordance with the memorandum herein.


Summaries of

People v. Smith

Court of Appeals of the State of New York
Oct 24, 1985
488 N.E.2d 109 (N.Y. 1985)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BRUNCE SMITH, Also…

Court:Court of Appeals of the State of New York

Date published: Oct 24, 1985

Citations

488 N.E.2d 109 (N.Y. 1985)
488 N.E.2d 109
497 N.Y.S.2d 363

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