New York Court of Appeals, 1965

People v. Colombani

People v. Colombani
New York Court of Appeals · Decided December 1, 1965
16 N.Y.2d 1055; 213 N.E.2d 460; 266 N.Y.S.2d 129; 1965 N.Y. LEXIS 959
People v. Colombani

Cases that cite this one

9 later published cases cite this decision.

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Opinion of the Court

Judgment affirmed. Regardless of whether a hearing under section 813-c of the Code of Criminal Procedure is to be regarded as a part of the trial at which an accused has a right to be present, appellant had been notified of this hearing and waived the right to be present by being a fugitive from justice (cf. People v. La Barbera, 274 N. Y. 339; Diaz v. United States, 223 U. S. 442, 455).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bbegan.

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