People v. Brisbane

Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered February 5, 1992, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The IAS Court’s instructions regarding defendant’s absence were not erroneous. The jury observed that defendant, who had been present for the day’s proceedings, suddenly was absent after a break was taken. Under these circumstances, it was appropriate to inform the jury that defendant had chosen to leave because, as the court…