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PEOPLE v. CAMPBELL

10627. 30/14.

178 A.D.3d 576 (2019)

112 N.Y.S.3d 485

2019 NY Slip Op 09113

The People of the State of New York, Respondent, v. Kenneth Campbell, Appellant.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Rachel L. Pecker of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( James J. Wen of counsel), for respondent.

Concur—Friedman, J.P., Webber, Gesmer, Kern, JJ.

The record sufficiently establishes that, by refusing to be transported to court from his place of incarceration, defendant waived or forfeited his right to be present at the hearing (see People v Reid, 49 A.D.3d 338, 339 [1st Dept 2008], lv denied 10 N.Y.3d 713 [2008]). The court providently exercised its discretion in declining to adjourn the hearing. Notwithstanding defendant's absence, his counsel was able to litigate...

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