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PEOPLE v. McGEE

161 A.D.2d 1195 (1990)

The People of the State of New York, Respondent, v. John McGee, Appellant

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

May 11, 1990

Judgment unanimously reversed on the law and new trial granted.

Memorandum:

County Court erred in proceeding with the trial in defendant's absence. A defendant may waive his constitutional right to be present at trial (People v Epps, 37 N.Y.2d 343, 349), but for the waiver to be effective, the record must reveal that the defendant was aware that he had the right to be present and that the trial would proceed in his...

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