People v. Garcia

207 A.D.2d 734, 616 N.Y.S.2d 955, 1994 N.Y. App. Div. LEXIS 8981

Opinion

—Judgment, Supreme Court, New York County (Jerome Marks, J.), rendered March 1, 1988, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of AVz to 9 years, unanimously affirmed.

Defendant, who absconded after his suppression motions were denied and was told by the court that his trial would begin the next day, "unambiguously indicate[d] a defiance of the processes of law sufficient to effect a forfeiture” of his right to be present, and was not improperly tried in absentia (People v Sanchez, 65 NY2d 436, 444). Concur—Sullivan, J. P., Carro, Ellerin, Kupferman and Asch, JJ.