From Casetext: Smarter Legal Research

People v. Vasquez

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1987
127 A.D.2d 716 (N.Y. App. Div. 1987)

Opinion

February 9, 1987

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


Ordered that the judgment is affirmed.

We reject the defendant's contention that the trial court erred in permitting him to be tried in absentia. Nearly two months prior to the commencement of pretrial hearings, and over two months prior to the commencement of the trial, the trial court gave the defendant the following admonition: "I want you to completely understand that if you are not here on the next adjourned date the 27th or whatever date it should happen to be, since you are now notified that that is a trial date, that the trial will commence even if you are not here. Make sure that you are here". In light of this warning, the defendant's disappearance for about two months until his apprehension during the course of the trial constituted a voluntary, knowing, and intelligent waiver of his right to be present at his trial (see, People v. Parker, 57 N.Y.2d 136, 137).

Similarly, we reject the defendant's contention that he was denied a fair trial due to unfavorable publicity from a newspaper article concerning his capture by bounty hunters, in light, inter alia, of the determination made by the trial court after questioning the jury that no juror had seen the article or was aware of any media report concerning the case (see, People v Sims, 110 A.D.2d 214, 224-225).

We have considered the contentions raised by defendant in his pro se brief and find them to be without merit. Thompson, J.P., Bracken, Brown and Eiber, JJ., concur.


Summaries of

People v. Vasquez

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1987
127 A.D.2d 716 (N.Y. App. Div. 1987)
Case details for

People v. Vasquez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS VASQUEZ…

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

Date published: Feb 9, 1987

Citations

127 A.D.2d 716 (N.Y. App. Div. 1987)

Citing Cases

People v. Edmonds

In fact, "the simple expedient of adjournment pending execution of a bench warrant could provide an…