Opinion
November 13, 1978
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 7, 1977, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant was properly sentenced, in absentia, having waived his right to be physically present by absconding voluntarily after his trial had commenced (see People v Stroman, 36 N.Y.2d 939; People ex rel. Lupo v Fay, 13 N.Y.2d 253, 257, cert den 376 U.S. 958; cf. People v Aiken, 45 N.Y.2d 394, affg 54 A.D.2d 937; People v Epps, 37 N.Y.2d 343, cert den 423 U.S. 999). We have considered defendant's remaining contention and find it to be lacking in merit (see People v Bercume, 53 A.D.2d 924). Mollen, P.J., Martuscello, Rabin and Gulotta, JJ., concur.