People v. Freeman
Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 12, 1977, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Defendant and three others were indicted for criminal possession of a weapon in the third degree (two counts) and unauthorized use of a vehicle. On March 14, 1977 defendant’s case was severed from the other three. The jury selection was completed on March 21, 1977 and the matter was adjourned to April 12 and then again to April 14, 1977. On April 12, 1977 defendant appeared in court and all parties were alerted to the fact that April 14, 1977 was a firm trial date. On April 14, 1977 defendant did not appear in court. The attorney assigned to defendant for consultation—who had been discharged by the defendant, as were two other attorneys—advised the court that his former client had medical priorities and had gone to Bellevue Hospital for treatment. The court clerk, by a telephone call to the Department of Corrections, confirmed that defendant had an appointment to have two fractured fingers X-rayed due to an occurrence a month before and that defendant would not appear until after he had received medical assistance. The Assistant District Attorney admitted that "someone [made] an appointment with [defendant] to see a doctor on the very day” the trial was to proceed. After noting that defendant had been in court on April 12, 1977 and had said nothing about seeing a physician, the court stated that it "is going to proceed with the matter in the absence of the defendant.” The jurors were held until 12:00 noon. In response to a request from the attorney assigned to defendant that the court direct defendant to be produced, the case was adjourned until 2:00 f.m. The court stated, "I don’t care what he is scheduled for. Get Correction[s] to bring him back here at two o’clock.” At two o’clock, the clerk advised the court that defendant refused to appear until medical attention was given to him, but that he would appear the following day. Again the court directed the trial to proceed without defendant. The trial court, with the following statement, advised the jurors that defendant was not present: "The defendant has chosen not be be here today and I assigned another counsel, as I indicated to you. His counsel is sitting in the first row to observe what is going on and he can report to the defendant, if the defendant chooses to talk to him.” The
Case-law data current through December 31, 2025. Source: CourtListener bulk data.