PEOPLE v. FALCHETTI


119 A.D.2d 690 (1986)

The People of the State of New York, Respondent, v. Hector Falchetti, Appellant

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

April 14, 1986


Judgment affirmed.

The trial court did not err in striking the defendant's testimony on direct examination and continuing the trial in his absence when he failed to reappear after a recess for his own cross-examination. Where a defendant "deliberately leaves the courtroom after his trial has begun", he "forfeits his right to be present at trial regardless of whether he knows that the trial will continue in his absence", and may no longer claim the protections afforded...

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