Opinion
November 15, 1990
Appeal from the County Court of Albany County (Harris, J.).
Contrary to defendant's claim, the record reveals that County Court properly tried defendant in absentia. At his bail reduction hearing, defendant was informed of both his right to be present at trial and the consequences of his failure to appear (see, People v. Parker, 57 N.Y.2d 136). Furthermore, the efforts made to provide defendant with actual knowledge of when trial was to commence were adequate. Among other things, a bench warrant was issued, adjournments were given, efforts were made to locate defendant and trial dates were postponed (cf., People v. Edmonds, 151 A.D.2d 829). Additionally, although the sentence defendant received on his burglary conviction, 5 to 15 years in prison, was the maximum (see, Penal Law § 70.02 [b]), it was within the statutory limits and no extraordinary circumstances warranting a modification in sentence are present here (see, People v. Yarbrough, 158 A.D.2d 811, lv. denied 75 N.Y.2d 971).
Judgment affirmed. Weiss, J.P., Mikoll, Levine, Mercure and Harvey, JJ., concur.