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People v. Marcano

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1987
127 A.D.2d 701 (N.Y. App. Div. 1987)

Opinion

February 9, 1987

Appeal from the Supreme Court, Kings County (Cohen, J.).


Ordered that the judgment is affirmed.

The defendant absconded following the calendar Justice's assignment of the case for trial. The defendant was informed of his right to be present at his trial and the consequences of failing to appear for trial (see, People v. Parker, 57 N.Y.2d 136). Under the facts and circumstances of the instant case the trial court properly exercised its discretion in continuing the proceedings without the defendant's presence. It is clear that the defendant forfeited his right to be present at his trial by voluntarily absconding after being warned of the consequences of failing to appear (see, People v. Sanchez, 65 N.Y.2d 436, 443; People v. Suvill, 113 A.D.2d 816; People v. Walker, 113 A.D.2d 909). Mangano, J.P., Bracken, Weinstein and Rubin, JJ., concur.


Summaries of

People v. Marcano

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1987
127 A.D.2d 701 (N.Y. App. Div. 1987)
Case details for

People v. Marcano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BIENVENIDO MARCANO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 9, 1987

Citations

127 A.D.2d 701 (N.Y. App. Div. 1987)