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PEOPLE v. PIEROTTI

2021-02320. Ind. No. 1731/99.

208 A.D.3d 1254 (2022)

174 N.Y.S.3d 754

2022 NY Slip Op 05221

The People of the State of New York, Respondent, v. John Pierotti, Appellant.

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

Decided September 21, 2022.

Attorney(s) appearing for the Case

Mark Diamond , New York, NY, for appellant.

Anne T. Donnelly , District Attorney, Mineola, NY ( Jason R. Richards and Sarah S. Rabinowitz of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in permitting the jury to render the verdict in his absence. "`A defendant's right to be present at a criminal trial is encompassed within the confrontation clauses of the State and Federal Constitutions'" (People v Baynes, 162 A.D.3d 897, 897 [2018], quoting People v Parker,

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