Appellate Division of the Supreme Court of New York, 1994

People v. Garcia

People v. Garcia
Appellate Division of the Supreme Court of New York · Decided September 22, 1994
207 A.D.2d 734; 616 N.Y.S.2d 955; 1994 N.Y. App. Div. LEXIS 8981
People v. Garcia

Opinion of the Court

—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.

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