Opinion
No. 570362/12.
01-19-2016
The PEOPLE of the State of New York, Respondent, v. Theodore DIAZ, Defendant–Appellant.
Judgment of conviction (John Cataldo, J.H.O.), rendered April 4, 2012, reversed, on the law and the facts, accusatory instrument dismissed, and fine, if paid, remitted.
As the People now concede, defendant's conviction must be vacated since the trial court failed to make any inquiry whatsoever to determine whether defendant's absence from the trial proceedings was deliberate (see People v. Brooks, 75 N.Y.2d 898, 899 [1990] ). Since it does not appear that further proceedings on the charge here involved would serve any useful penological purpose (see People v. Burwell, 53 N.Y.2d 849, 851 [1981] ), we dismiss the accusatory instrument, a disposition unopposed by the People.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.