Legal Opinion
People v. McGee
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 1990PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted. Memorandum: County Court erred in proceeding with the trial in defendant’s absence. A defendant may waive his constitutional right to be present at trial (People v Epps, 37 NY2d 343, 349), but for the waiver to be effective, the record must reveal that the defendant was aware that he had the right to be present and that the trial would proceed in his absence (People v Parker, 57 NY2d 136, 141). Here,, defendant was never advised of his right to be present or of the consequences of his failure to appear. Thus, it cannot be said…
2Cases cited6 opinions
- People v. ParkerNew York Court of Appeals · 1982
- People v. EppsNew York Court of Appeals · 1975
- Maurer v. . the PeopleNew York Court of Appeals · 1870
- People v. GainesAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re Arielle B.Appellate Division of the Supreme Court of the State of New York · 2005
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2017
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 1994
- Commonwealth v. JonesSupreme Court of Pennsylvania · 1992
- Commonwealth v. JonesSupreme Court of Pennsylvania · 1992