People v. Lakatosz

59 A.D.3d 813, 877 N.Y.S.2d 475
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 19, 2009
StatusPublished
Cited by12 cases

This text of 59 A.D.3d 813 (People v. Lakatosz) 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. Lakatosz, 59 A.D.3d 813, 877 N.Y.S.2d 475 (N.Y. Ct. App. 2009).

Opinion

Kavanagh, J.

Appeal from a judgment of the County Court of Madison County (DiStefano, J.), rendered March 13, 2003, upon a verdict convicting defendant of the crimes of burglary in the second degree (two counts) and petit larceny (two counts).

Defendant was charged by indictment with two counts each of burglary in the second degree and petit larceny in connection with separate criminal transactions that occurred in Madison County in March and October 2001. In each, defendant was charged with purposely distracting elderly homeowners while accomplices stole money and property from their residences. After a jury trial, defendant was found guilty as charged and was sentenced to consecutive 15-year prison terms for each burglary conviction, as well as concurrent one-year' sentences for each petit larceny conviction. Defendant now appeals.

Defendant contends that County Court erred in conducting in her absence many of the proceedings that culminated in her conviction, including the pretrial hearings, the trial and the imposition of her sentence. For there to be a valid waiver of a defendant’s right to be present while proceedings in a criminal prosecution are being conducted, it must be shown that the defendant was informed not only of the right to be present at the proceedings, but also of the consequences for failing to appear, including the fact that the proceedings will proceed in his or her absence (see People v Parker, 57 NY2d 136, 141 [1982]; People v Stroman, 6 AD3d 818, 819 [2004], lv denied 3 NY3d 648 [2004]; People v Diotte, 305 AD2d 721, 722 [2003], lv denied 100 NY2d 580 [2003]; see also People v Severino, 44 AD3d 1077, 1078 [2007], lv denied 9 NY3d 1038 [2008]).

Here, on three separate occasions, County Court clearly and [815]*815unequivocally informed defendant of her right to be present and warned her that, if she failed to appear in court when required, all proceedings, including the trial and, if appropriate, the imposition of sentence, would be conducted in her absence. When defendant failed to appear as pretrial proceedings were about to begin, the court questioned defense counsel about defendant’s whereabouts and issued a warrant for her arrest. We note that counsel acknowledged being in contact with defendant, as well as members of her family, up until the time she absconded, but represented to the court not only that he could not account for his client’s absence, but at the time was unable to locate her. Before proceeding in defendant’s absence, County Court considered the likelihood that she would be located, the impact on all involved by delaying the proceedings and, in particular, the advanced age of some of the witnesses who would be called to testify (see People v Parker, 57 NY2d at 142; People v Stroman, 6 AD3d at 819; People v Thompson, 306 AD2d 758, 760 [2003], Iv denied 1 NY3d 581 [2003]; People v Colon, 180 AD2d 876, 877 [1992], lv denied 80 NY2d 829 [1992]).

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2019 NY Slip Op 2229 (Appellate Division of the Supreme Court of New York, 2019)
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134 A.D.3d 1172 (Appellate Division of the Supreme Court of New York, 2015)
People v. Milford
118 A.D.3d 1166 (Appellate Division of the Supreme Court of New York, 2014)
People v. June
116 A.D.3d 1094 (Appellate Division of the Supreme Court of New York, 2014)
People v. Olson
110 A.D.3d 1373 (Appellate Division of the Supreme Court of New York, 2013)
People v. Lakatosz
89 A.D.3d 1329 (Appellate Division of the Supreme Court of New York, 2011)
People v. Pirillo
78 A.D.3d 1424 (Appellate Division of the Supreme Court of New York, 2010)
People v. Caldwell
71 A.D.3d 1515 (Appellate Division of the Supreme Court of New York, 2010)

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Bluebook (online)
59 A.D.3d 813, 877 N.Y.S.2d 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lakatosz-nyappdiv-2009.