PEOPLE v. RIZZUTO

7965. 4339/16.

167 A.D.3d 531 (2018)

90 N.Y.S.3d 166

2018 NY Slip Op 09006

The People of the State of New York, Respondent, v. Alfonso Rizzuto, Appellant.

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

Decided December 27, 2018.


Defendant's absence from a brief colloquy does not warrant reversal. While awaiting the arrival of defendant, who was appearing pro se, the plea court had a conversation with the prosecutor and standby counsel concerning essentially administrative matters. There were no applications by either side, or determinations of any legal or factual issues. Accordingly, nothing occurred that required defendant's presence, including in his capacity as his own attorney (see People...

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