PEOPLE v. PHOENIX


197 A.D.2d 755 (1993)

602 N.Y.S.2d 734

The People of the State of New York, Respondent, v. Carleton Phoenix, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 21, 1993


Mahoney, J.

We are unpersuaded by defendant's argument that he improperly was tried in abstentia. Indeed, a reading of the record leaves little room for doubt but that ample objective facts and circumstances exist to support County Court's conclusion that defendant willfully absented himself from court in an effort to delay his trial and by so doing forfeited his constitutional right to be present at trial (see, e.g., People v Brooks,

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