PEOPLE v. REDZEPOSKI


7 N.Y.3d 725 (2006)

850 N.E.2d 1157

818 N.Y.S.2d 182

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MEDNAN REDZEPOSKI, Respondent.

Court of Appeals of New York.

Decided June 6, 2006.


Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Jillian E. Wieder, Joseph N. Ferdenzi and Allen H. Saperstein of counsel), for appellant.

Legal Aid Society, New York City (Ellen Dille, Steven Banks and Laura R. Johnson of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts (see CPL 470.25 [2] [d]; 470.40 [2] [b]).

"Before proceeding in defendant's absence, the court should... ma[ke] inquiry and recite[] on the record the facts and reasons it relied upon in determining that defendant's absence was deliberate...

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