PEOPLE v. RICE


156 A.D.2d 925 (1989)

The People of the State of New York, Respondent, v. Odell Rice, Appellant

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

December 20, 1989


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

The only issue of merit on this appeal is defendant's claim that he was improperly tried in absentia. Defendant was present for the first two days of his jury trial. At the close of the second day, the trial was adjourned for several days to accommodate the schedule of the People's physician witness. On the adjourned date, the defendant did not appear as scheduled, and the court and...

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