PEOPLE v. SANCHEZ


65 N.Y.2d 436 (1985)

The People of the State of New York, Respondent, v. Freddy Sanchez, Appellant. The People of the State of New York, Respondent, v. Howard Fraser, Appellant. The People of the State of New York, Respondent, v. Tyrone Maggette, Appellant. The People of the State of New York, Respondent, v. Alvin Grant, Appellant. The People of the State of New York, Appellant, v. Pedro Rivera, Respondent.

Court of Appeals of the State of New York.

Decided July 5, 1985.


Attorney(s) appearing for the Case

Meira Rosenberg and William E. Hellerstein for appellant in the first above-entitled case.

Mario Merola, District Attorney (Mark L. Freyberg and Peter D. Coddington of counsel), for respondent in the first above-entitled case.

Eileen A. Beckett and William E. Hellerstein for appellant in the second above-entitled case.

Mario Merola, District Attorney (Mark L. Freyberg and Peter D. Coddington of counsel), for respondent in the second above-entitled case.

Stephanie T. Knowles and William E. Hellerstein for appellant in the third above-entitled case.

Mario Merola, District Attorney (Kevin Lubin and Mark L. Freyberg of counsel), for respondent in the third above-entitled case.

J. Fortier Imbert and William E. Hellerstein for appellant in the fourth above-entitled case.

Robert M. Morgenthau, District Attorney (Vija Kemanis and Norman Barclay of counsel), for respondent in the fourth above-entitled case.

Elizabeth Holtzman, District Attorney (Miriam R. Best and Barbara D. Underwood of counsel), for appellant in the fifth above-entitled case.

Edwin Ira Schulman for respondent in the fifth above-entitled case.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and TITONE concur; Judge ALEXANDER taking no part.


BOOMER, J.

In each of these five criminal cases, the defendant was tried and convicted in absentia, having failed to return to the courthouse after being present when his case was assigned for immediate trial. At issue is whether the rationale in People v Parker (57 N.Y.2d 136) mandates the reversal of the convictions because the defendants were not warned of...

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