PEOPLE v. HICKS


90 Misc.2d 609 (1977)

The People of the State of New York, Plaintiff, v. Aurora Hicks, Also Known as Troy Hicks, and Phillip Bermudez, Defendants.

Supreme Court, New York County.

April 25, 1977


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Kevin Solan of counsel), for plaintiff. Michael Mendelson for Aurora Hicks, defendant. William J. Gallagher and Robert Stein for Phillip Bermudez, defendant.


ALLEN MURRAY MYERS, J.

CPL 260.20 provides that, "A defendant must be personally present during the trial of an indictment".

The issue before me is under what circumstances, if at all, a defendant can waive his presence at trial.

On the morning of April 1, 1977, the case of People v Troy Hicks and Phillip Bermudez was assigned to me for trial in Part 102. The defendants were charged with...

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