People v. Walker

Judgment unanimously affirmed. Memorandum: County Court did not err in conducting the first day of defendant’s trial in defendant’s absence. On two occasions the court advised defendant of the scheduled trial date and warned him that the trial would proceed in his absence if he failed to appear. Defendant’s nonappearance at the first day of trial, therefore, constituted a waiver of the right to be present (see, People v Parker, 57 NY2d 136, 141; People v Dakin, 199 AD2d 407, 408, lv denied 82 NY2d 923; People v Jackson, 149 AD2d 969, lv denied 74 NY2d 741, 897). The court delayed the start of…