New York Court of Appeals, 1985

People v. Smith

New York Court of Appeals · Decided October 24, 1985

66 N.Y.2d 755; 497 N.Y.S.2d 363; 488 N.E.2d 109; 1985 N.Y. LEXIS 17646

Cases that cite this one

10 later published cases cite this decision.

Norton v. Town of Brookhaven (District Court, E.D. New York 2014)
Anderson House, LLC v. Mayor of Rockville (Md. 2008)
People v. Brasier (New York Supreme Court 1996)
People v. Mikell (Appellate Division of the Supreme Court of New York 1992)
People v. Mosesson (New York Supreme Court 1992)
Barnett v. Securities Groups (In re Monetary Group) (United States District Court for the Middle District of Florida 1990)
People v. Reed (Appellate Division of the Supreme Court of New York 1989)
People v. McKinnies (Appellate Division of the Supreme Court of New York 1988)
People v. Christopher R. (Appellate Division of the Supreme Court of New York 1987)
People v. Smith (N.Y. 1986)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to the Appellate Division for consideration of the facts (CPL 470.40 [2] [b]; 470.25 [2] [d]).

Defendant was present when his case was assigned to Trial Part and was made aware by the assigning judge’s instructions that should the parties run out of witnesses at the pretrial hearing, requiring that the hearing be adjourned, the trial was to begin at that point, or, in any event, immediately following the conclusion of the hearing. Thus, by absconding after the third day of the hearing, defendant forfeited his right to be present at trial (People v Sanchez, 65 NY2d 436).

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed and case remitted to the Appellate Division, First Department, for further proceedings in accordance with the memorandum herein.

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