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PEOPLE v. TRAYLOR

2008-07860.

74 A.D.3d 1251 (2010)

904 N.Y.S.2d 473

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEON TRAYLOR, Appellant.

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

Decided June 22, 2010.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the County Court properly determined that the trial should proceed in his absence. A valid waiver of the right to be present at trial will be implied if the record reflects that the defendant is "`aware that trial will proceed even though he or she fails to appear'" (People v Spotford, 85 N.Y.2d 593

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