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PEOPLE v. COLOMBANI

16 N.Y.2d 1055 (1965)

The People of the State of New York, Respondent, v. Edward Colombani, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1965.

Attorney(s) appearing for the Case

Phylis Skloot and Anthony F. Marra for appellant.

Frank D. O'Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

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...

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