PEOPLE v. AMATO


172 A.D.2d 545 (1991)

The People of the State of New York, Respondent, v. Jeffrey Amato, Appellant

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

April 1, 1991


Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

We find that, under the circumstances presented here, the court erred in proceeding with the trial in the defendant's absence. The defendant was present in the courtroom during the jury selection but failed to appear on the first day of his trial. Defense counsel informed the court that he had contacted the defendant's mother and was...

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