Appellate Division of the Supreme Court of New York, 1985

People v. Suvill

Appellate Division of the Supreme Court of New York · Decided September 9, 1985

113 A.D.2d 816; 493 N.Y.S.2d 494; 1985 N.Y. App. Div. LEXIS 52466

Cases that cite this one

4 later published cases cite this decision.

People v. Marcano (Appellate Division of the Supreme Court of New York 1987)
People v. Valdez (Appellate Division of the Supreme Court of New York 1987)
People v. Porter (Appellate Division of the Supreme Court of New York 1985)
People v. Wilson (Appellate Division of the Supreme Court of New York 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County (Alfano, J.), rendered December 15, 1982, convicting him of robbery in the second degree, upon a jury verdict, after a trial in absentia, and imposing sentence.

Judgment affirmed.

Defendant absconded during a luncheon recess in the midst of jury selection and was subsequently tried in absentia. Defendant’s claim that he was thereby deprived of his right to be present at his trial is without merit, for defendant forfeited *817that right by his own voluntary actions (People v Fraser, 65 NY2d 436; People v Porter, 113 AD2d 814).

We have considered defendant’s other contentions and find that they do not warrant a reversal of his conviction. Lazer, J. P., Gibbons, Thompson and Niehoff, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.