PEOPLE v. WUERFEL


261 A.D.2d 561 (1999)

691 N.Y.S.2d 533

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH R. WUERFEL, Appellant.

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

Decided May 17, 1999.


Ordered that the judgment is affirmed.

The defendant's claim that the trial court improperly proceeded with a Sandoval hearing in his absence when he was late in arriving at court is without merit. A criminal defendant's constitutional and statutory right to be present during all material portions of the trial of the indictment (see, CPL 260.20) may be waived, either expressly or impliedly, provided that the waiver was knowing, voluntary, and intelligent...

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