PEOPLE v. COSTNER


155 A.D.2d 885 (1989)

The People of the State of New York, Respondent, v. Floyd Costner, Appellant

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

November 15, 1989


Judgment unanimously affirmed.

Memorandum:

The court properly tried defendant in absentia. In order to effect a voluntary, knowing and intelligent waiver of his right to be present at trial, "the defendant must, at a minimum, be informed in some manner of the nature of the right to be present at trial and the consequences of failing to appear for trial * * *. This, of course, in turn requires that defendant simply be aware that trial will proceed even though...

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