People v. Nowakowski

Sweeney, J. (dissenting). I am unable to agree with the result arrived at by the majority and, therefore, dissent. The denial of the motion without a hearing was improper in that the mere claim by the District Attorney that every effort was made to locate the defendant furnished an insufficient basis to deny the motion without a hearing (People v Lewis, 61 AD2d 799; People v Scott, 54 AD2d 939). Nor do I find any merit in the People’s contention that defendant failed to furnish a sufficient factual basis in support of his motion to entitle him to a hearing on the issue of his absence or…