Opinion
October 2, 1989
Appeal from the County Court, Westchester County (Nicolai, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly permitted the trial to continue in his absence after he failed to return to court following the presentation of the People's case. The defendant forfeited his right to be present by absconding in the midst of trial although he had been previously advised both that he was obligated to be present and that the trial would continue in his absence if he failed to appear (see, People v Sanchez, 65 N.Y.2d 436, 444; People v Carbonaro, 151 A.D.2d 593; People v Ellerbe, 115 A.D.2d 614; cf., People v Parker, 57 N.Y.2d 136).
Further, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). We have examined the defendant's remaining contentions and find that they are either not preserved for our review or are without merit. Thompson, J.P., Bracken, Kunzeman and Rubin, JJ., concur.