People v. Daley

—Judgment unanimously affirmed. Memorandum: County Court did not err in conducting defendant’s trial in absentia. The record establishes that defendant was unequivocally instructed that the trial would proceed if he failed to appear. Defendant’s nonappearance on the day of trial therefore constituted a waiver of defendant’s right to be present at trial (see, People v Parker, 57 NY2d 136; People v Quamina, 161 AD2d 1110, lv denied 76 NY2d 943). The court recessed for several hours so that efforts could be made to locate defendant and then properly exercised its discretion in proceeding with…