PEOPLE v. ELLIOTT


169 A.D.2d 983 (1991)

The People of the State of New York, Respondent, v. Charles A. Elliott, Appellant

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

January 31, 1991


Mahoney, P. J.

Defendant was indicted for burglary in the second degree for an incident allegedly occurring in the City of Binghamton, Broome County, on November 18, 1985. After arraignment, defendant was specifically advised when trial would commence and that it would proceed in his absence. As trial commenced, defendant was not present and the jury was advised that defendant's absence had no bearing on his guilt or innocence. This instruction was repeated...

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