PEOPLE v. GREEN


136 Misc.2d 245 (1987)

The People of the State of New York, Plaintiff, v. Henry Green, Defendant.

Supreme Court, Criminal Term, Kings County.

July 15, 1987


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Jonathan Svetky of counsel), for plaintiff. Bernard Udell for defendant.


GLORIA GOLDSTEIN, J.

The question raised in this case is whether a defense attorney may waive a jury on behalf of a defendant being tried in absentia.

Defendant indicted on a charge of criminal possession of a weapon in the third degree failed to appear on the date scheduled for trial. The court had previously apprised defendant of his right to be present at trial and the consequences of nonappearance, making it abundantly clear that the trial...

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