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PEOPLE v. FLUDD

44 A.D.3d 408 (2007)

843 N.Y.S.2d 249

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOVAN FLUDD, Appellant.

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

Decided October 11, 2007.

Defendant was not denied his right to be present at a material stage of the trial when, upon defendant's refusal to appear in court without the jury present, the court went on with a hearing to determine the scope of the testimony of several of the prosecution's witnesses. "Defendant was not entitled to set conditions under which he would agree to come out of the holding cell...." (People v Romance, 35 A.D.3d 201, 202 [2006],

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