People v. Redzeposki
New York Court of Appeals
1Opinion of the Court
*726OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts (see CPL 470.25 [2] [d]; 470.40 [2] [b]).
“Before proceeding in defendant’s absence, the court should . . . ma[ke] inquiry and recite[ ] on the record the facts and reasons it relied upon in determining that defendant’s absence was deliberate” (People v Brooks, 75 NY2d 898, 899 [1990]). Here, the trial court properly inquired into defendant’s absence and reasonably determined — based on the court’s own observation as well as defense counsel’s…
2Cases cited1 opinion
- People v. BrooksNew York Court of Appeals · 1990
3Cited by7 opinions
- People v. ForrestAppellate Division of the Supreme Court of the State of New York · 2020
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. PagonAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BaynesAppellate Division of the Supreme Court of the State of New York · 2018
- People v. DeJesus-PlazaAppellate Division of the Supreme Court of the State of New York · 2017
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