People v. Fudge

Appellate Division of the Supreme Court of New York

People v. Fudge

186 A.D.2d 839, 588 N.Y.S.2d 814, 1992 N.Y. App. Div. LEXIS 11041

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

DecidedOctober 1, 1992

StatusPublished

This text of 186 A.D.2d 839 (People v. Fudge) 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. Fudge, 186 A.D.2d 839, 588 N.Y.S.2d 814, 1992 N.Y. App. Div. LEXIS 11041 (N.Y. Ct. App. 1992).

Pincite

Opinion

— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered February 27, 1987, upon a verdict convicting defendant of the crimes of robbery in the first degree, kidnapping in the second degree, criminal possession of stolen property in the second degree and criminal possession of a forged instrument in the second degree.

Defendant forfeited his right to be present at trial by failing to return to the trial following a recess after being repeatedly warned by County Court that such a failure would result in continuation of the trial in his absence (see, People v Sanchez, 65 NY2d 436; People v Reed, 148 AD2d 809). County Court made sufficient inquiry into the surrounding circumstances to determine that defendant’s failure to appear was deliberate, and was therefore justified in proceeding with the trial in absentia (see, People v Bennett, 162 AD2d 825).

Weiss, P. J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered February 27, 1987, upon a verdict convicting defendant of the crimes of robbery in the first degree, kidnapping in the second degree, criminal possession of stolen property in the second degree and criminal possession of a forged instrument in the second degree.

Defendant forfeited his right to be present at trial by failing to return to the trial following a recess after being repeatedly warned by County Court that such a failure would result in continuation of the trial in his absence (see, People v Sanchez, 65 NY2d 436; People v Reed, 148 AD2d 809). County Court made sufficient inquiry into the surrounding circumstances to determine that defendant’s failure to appear was deliberate, and was therefore justified in proceeding with the trial in absentia (see, People v Bennett, 162 AD2d 825).

Weiss, P. J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

186 A.D.2d 839, 588 N.Y.S.2d 814, 1992 N.Y. App. Div. LEXIS 11041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fudge-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack