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PEOPLE v. McMILLIAN

174 A.D.2d 759 (1991)

The People of the State of New York, Respondent, v. David McMillian, Appellant

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

June 24, 1991

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

The defendant was convicted of bail jumping in the first degree in connection with his failure to appear during his trial in 1982 on an assault charge. The defendant failed to appear on July 21, 1982, and the court, following an inquiry, determined that the defendant was voluntarily absent. The trial...

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