Opinion
May 10, 2000.
Appeal from Judgment of Monroe County Court, Maloy, J. — Robbery, 1st Degree.
Judgment unanimously affirmed.
Before: Pigott, Jr., P.J., Pine, Scudder and Kehoe, JJ.
Memorandum:
County Court properly exercised its discretion in conducting the trial in defendant's absence ( see, People v. Walker, 254 A.D.2d 824, lv denied 92 N.Y.2d 1055). The record establishes that the court on two occasions advised defendant of the scheduled trial date and warned him that the trial would proceed in his absence if he failed to appear. When defendant failed to appear, the court conducted a sufficient inquiry into the circumstances to warrant its conclusion that defendant's absence was voluntary ( see, People v. Barraza, 214 A.D.2d 943, 944, lv denied 87 N.Y.2d 844; cf., People v. Parker, 57 N.Y.2d 136, 141-142). Thus, the nonappearance of defendant on the scheduled date of trial constituted a waiver of his right to be present ( see, People v. Parker, supra, at 141; People v. Walker, supra).