PEOPLE v. FEBO


210 A.D.2d 251 (1994)

619 N.Y.S.2d 340

The People of the State of New York, Respondent, v. Jose Febo, Appellant

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

December 5, 1994


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his right to be present at all material stages of trial was not violated when the trial court took the verdict in his absence. The defendant forfeited his right to be present when he deliberately absented himself from the trial.

The defendant was present throughout his trial, but left the courthouse while the jury was deliberating and failed to return. Without making an inquiry...

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