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PEOPLE v. JOSEY

5 A.D.3d 398 (2004)

771 N.Y.S.2d 904

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK JOSEY, Appellant.

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

March 1, 2004.

Ordered that the judgment is affirmed.

The defendant contends that the trial court committed reversible error by holding a preliminary Sandoval hearing (see People v Sandoval, 34 N.Y.2d 371 [1974]) in his absence. However, this claim is without merit since the defendant forfeited his right to be present at such proceeding by his deliberate refusal to appear (see People...

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