PEOPLE v. EPPS


71 Misc.2d 1075 (1972)

The People of the State of New York, Plaintiff, v. Donald H. Epps, Defendant.

Supreme Court, Criminal Term, Kings County.

November 15, 1972


Attorney(s) appearing for the Case

William M. Kunstler and Jesse Zaslav for defendant. Eugene Gold, District Attorney (Eugene Schwartzwald, Helman R. Brook and Barry Gene Rhodes of counsel), for plaintiff.


LOUIS B. HELLER, J.

The defendant moves to vacate the verdict of the jury rendered on July 27, 1972 convicting him of assault in the first degree, sodomy in the first degree, and two counts of assault in the third degree, upon the ground that continuing the trial in his absence violated his constitutional and statutory right to be present.

The trial commenced on July 20, 1972. The defendant was present...

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