Opinion
February 4, 1994
Appeal from the Erie County Court, Drury, J.
Present — Callahan, J.P., Pine, Fallon, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in denying defendant's motion, made at the time of trial, for an adjournment for 30 days to retain new counsel (see, People v. Arroyave, 49 N.Y.2d 264, 271). Defendant knowingly, voluntarily and intelligently relinquished his right to be present at trial (see, People v. Epps, 37 N.Y.2d 343, 349-351, cert denied 423 U.S. 999). We reject the argument of defendant that his waiver was not voluntary because the court denied his motion for an adjournment. Defendant's remedy to correct any perceived erroneous ruling is by appealing and not by "withdrawing" from the trial.
We have reviewed the issues raised by defendant in his pro se supplemental brief and we find them to be without merit.