People v. Ceramo

Appellate Division of the Supreme Court of New York

People v. Ceramo

288 A.D.2d 155, 734 N.Y.S.2d 10, 2001 N.Y. App. Div. LEXIS 11540

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

DecidedNovember 29, 2001

StatusPublished

This text of 288 A.D.2d 155 (People v. Ceramo) 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. Ceramo, 288 A.D.2d 155, 734 N.Y.S.2d 10, 2001 N.Y. App. Div. LEXIS 11540 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Charles Solomon, J., at Parker hearing; Joan Sudolnik, J., at jury trial and sentence), rendered January 4, 1999, convicting defendant of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant was properly tried in absentia. After receiving thorough warnings pursuant to People v Parker (57 NY2d 136), defendant failed to appear for trial. At a hearing conducted the next day, the People established that they had made reasonable efforts to locate defendant, who had not contacted his attorney or the court. Accordingly, the court properly determined that there was no reasonable expectation that defendant would be located quickly or that he would appear in court in the near future {see, People v Acevedo, 271 AD2d 339, lv denied 95 NY2d 903). Moreover, the court adjourned the case for several more days in hope of locating defendant, but to no avail. Concur— Mazzarelli, J. P., Andrias, Ellerin, Buckley and Marlow, JJ.

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—Judgment, Supreme Court, New York County (Charles Solomon, J., at Parker hearing; Joan Sudolnik, J., at jury trial and sentence), rendered January 4, 1999, convicting defendant of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant was properly tried in absentia. After receiving thorough warnings pursuant to People v Parker (57 NY2d 136), defendant failed to appear for trial. At a hearing conducted the next day, the People established that they had made reasonable efforts to locate defendant, who had not contacted his attorney or the court. Accordingly, the court properly determined that there was no reasonable expectation that defendant would be located quickly or that he would appear in court in the near future {see, People v Acevedo, 271 AD2d 339, lv denied 95 NY2d 903). Moreover, the court adjourned the case for several more days in hope of locating defendant, but to no avail. Concur— Mazzarelli, J. P., Andrias, Ellerin, Buckley and Marlow, JJ.

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Bluebook (online)

288 A.D.2d 155, 734 N.Y.S.2d 10, 2001 N.Y. App. Div. LEXIS 11540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ceramo-nyappdiv-2001.

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