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PEOPLE v. GASPER

186 A.D.2d 390 (1992)

The People of the State of New York, Respondent, v. Andrew Gasper, Appellant

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

October 8, 1992

The trial court did not abuse its discretion in denying defendant's motion for a mistrial. The court made a reasonable inquiry of defendant as to why he wanted to absent himself from the trial, ascertained that his decision was knowing and voluntary (see, People v Aiken, 45 N.Y.2d 394, 397), and then properly required his presence only for the purpose of in-court identification by...

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