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PEOPLE v. COOKE

292 A.D.2d 167 (2002)

738 N.Y.S.2d 207

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARD COOKE, Appellant.

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

Decided March 5, 2002.

The hearing court properly declined to adjourn the suppression hearing and properly conducted the hearing in defendant's absence notwithstanding a communication from the Department of Correction that defendant refused to be produced on religious grounds. There was no violation of defendant's rights to be present or to free exercise of religion, since the record establishes that defendant's claim of religious observance on Fridays...

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