People v. Birden

Judgment unanimously affirmed. Memorandum: On May 19, 1980 defendant, free on bail during the course of his trial for robbery, first degree, left the jurisdiction. When he failed to appear on May 20, 1980 the court forfeited his bail, issued a Bench warrant for his arrest and, after a week had passed without defendant’s return, continued the trial without him to a judgment of conviction. Defendant was subsequently indicted and convicted of bail jumping, first degree (Penal Law, § 215.57) and he appeals that bail jumping conviction contending that on May 20 he was in jail in New Jersey charged…