People v. Aiken

Appellate Division of the Supreme Court of New York

People v. Aiken

54 A.D.2d 937, 388 N.Y.S.2d 260, 1976 N.Y. App. Div. LEXIS 14808

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 8, 1976

StatusPublished

Cited by6 cases

This text of 54 A.D.2d 937 (People v. Aiken) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Aiken, 54 A.D.2d 937, 388 N.Y.S.2d 260, 1976 N.Y. App. Div. LEXIS 14808 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant from a judgment of the County Court, Westchester County, rendered April 4, 1975, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant absented himself on the second day of trial, after nine jurors had been sworn, and did not reappear. He was later apprehended in South Carolina. Under these circumstances we hold, as we did in People v Epps (46 AD2d 890), that a defendant’s willful refusal to appear in court denies him the opportunity to seek the protection afforded by the Sixth Amendment of the Federal Constitution, by section 6 of article I of the New York State Constitution and by CPL 260.20. Defendant’s [938]*938remaining contention, that he was inadequately represented by counsel, is equally without merit. Martuscello, Acting P. J., Latham, Cohalan, Damiani and Hawkins, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Westchester County, rendered April 4, 1975, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant absented himself on the second day of trial, after nine jurors had been sworn, and did not reappear. He was later apprehended in South Carolina. Under these circumstances we hold, as we did in People v Epps (46 AD2d 890), that a defendant’s willful refusal to appear in court denies him the opportunity to seek the protection afforded by the Sixth Amendment of the Federal Constitution, by section 6 of article I of the New York State Constitution and by CPL 260.20. Defendant’s [938]*938remaining contention, that he was inadequately represented by counsel, is equally without merit. Martuscello, Acting P. J., Latham, Cohalan, Damiani and Hawkins, JJ., concur.

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Bluebook (online)

54 A.D.2d 937, 388 N.Y.S.2d 260, 1976 N.Y. App. Div. LEXIS 14808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aiken-nyappdiv-1976.

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