Opinion
December 7, 1995
Appeal from the Supreme Court, New York County (Jay Gold, J.).
Defendant forfeited his right to be present for readback of testimony where he and counsel were instructed to take an hour for lunch "and not a minute more"; the court ascertained from defense counsel that defendant understood, after consulting with counsel, that the court would proceed in his absence if he were not back on time and a note came in from the jury; and the court did not resume until an hour after it said it would ( see, People v Sanchez, 65 N.Y.2d 436, 443-444; compare, People v Brooks, 75 N.Y.2d 898; People v Aguilar, 177 A.D.2d 197, 199-200).
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Asch, JJ.