State v. Tedesco

Defendant Giuseppe Tedesco stands convicted of murder and now awaits sentencing — a momentous and solemn part of the criminal justice process. Relying on Rule 3:21 — 4(b), he asserts that he has an absolute, unilateral right to be absent from his sentencing hearing and has filed a written waiver with the court.

We find no support in the court rale or elsewhere for defendant’s position and hold that trial judges have discretion to decide whether to accept a defendant’s waiver. In an attempt to justify a waiver, a defendant must advance specific reasons that demonstrate special circumstances.…