PEOPLE v. PARKER


57 N.Y.2d 136 (1982)

The People of the State of New York, Respondent, v. Vicki Parker, Appellant.

Court of Appeals of the State of New York.

Decided October 7, 1982.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Howard A. Bloch of counsel), for appellant.

Donald O. Chesworth, Jr., District Attorney (Sheldon W. Boyce, Jr., and Kenneth R. Fisher of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, FUCHSBERG and MEYER concur; Judge GABRIELLI taking no part.


WACHTLER, J.

The question on this appeal is whether a finding that a criminal defendant has received actual notice of the date for trial and has nonetheless voluntarily failed to appear is sufficient, as a matter of law, to permit the court to proceed to try the defendant in absentia. The courts below held this finding sufficient to establish an implicit relinquishment of a defendant's right to be present...

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