PEOPLE v. DRAPER


154 A.D.2d 882 (1989)

The People of the State of New York, Respondent, v. Michael Draper, Appellant

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

October 6, 1989


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

Defendant contends that the trial court improperly tried him in absentia. A defendant has the fundamental constitutional right to be present at trial (see, US Const 6th Amend; NY Const, art I, § 6; People v Parker, 57 N.Y.2d 136, 139-140). Although that right may be waived, such a waiver must be a knowing, voluntary and intelligent...

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