PEOPLE v. EPPS


37 N.Y.2d 343 (1975)

The People of the State of New York, Respondent, v. Donald Epps, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1975.


Attorney(s) appearing for the Case

Martin Guggenheim for appellant.

Eugene Gold, District Attorney (Helman R. Brook of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.


WACHTLER, J.

A defendant's right to be present at a criminal trial is embodied in the confrontation clauses of the State and Federal Constitutions (NY Const, art I, § 6; US Const, 6th Amdt), and the CPL (260.20, 340.50; see, also, Fed Rules Crim Pro, rule 43). This appeal raises the difficult problem of when, if ever, a defendant in a criminal trial who is in custody may waive his right to be present at...

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