Legal Opinion

People v. Redzeposki

New York Court of Appeals

Decided June 6, 2006PublishedCited by 7 opinions

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

  1. People v. BrooksNew York Court of Appeals · 1990

3Cited by7 opinions

  1. People v. ForrestAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. PagonAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. BaynesAppellate Division of the Supreme Court of the State of New York · 2018
  5. People v. DeJesus-PlazaAppellate Division of the Supreme Court of the State of New York · 2017

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