Opinion
January 21, 1993
Appeal from the Supreme Court, Bronx County (Murray Koenig, J.).
In light of the fact that defendant was clearly advised to return to court for the hearing, that the Judge and defense counsel had seen defendant in the court earlier that morning and that the People and defense counsel diligently attempted to locate defendant, the court properly proceeded with the hearing and trial in absentia, even though defendant was not warned that they would continue in his absence (see, People v Sanchez, 65 N.Y.2d 436; People v. McGann, 186 A.D.2d 392).
In addition, there was no error in the admission of the background testimony regarding a "stabbing" with which defendant was never charged or the fact that defendant was in possession of $1600 when he was arrested which was returned to him (see, People v. Cruz, 164 A.D.2d 761, lv denied 76 N.Y.2d 985; People v Cotto, 169 A.D.2d 517). We have considered defendant's other arguments and find them to be without merit. In any event, even if it were error, it would be harmless.
Concur — Murphy, P.J., Ellerin, Wallach, Asch and Kassal, JJ.