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PEOPLE v. SMITH

106 A.D.2d 670 (1984)

The People of the State of New York, Respondent, v. David Paul Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 31, 1984

Judgment affirmed.

Generally, unless a defendant has been informed in some manner of the right to be present at his trial and the consequences of failing to appear, specifically, that the trial will proceed without him, the mere fact that he absents himself from the trial cannot be considered a waiver of his constitutional right to be present at trial (NY Const, art I, § 6; US Const, 6th Amdt; see People v Parker, 57 N.Y.2d 136

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