Legal Opinion

People v. Colombani

New York Court of Appeals

Decided December 1, 1965PublishedCited by 9 opinions

1Opinion of the Court

Judgment affirmed. Regardless of whether a hearing under section 813-c of the Code of Criminal Procedure is to be regarded as a part of the trial at which an accused has a right to be present, appellant had been notified of this hearing and waived the right to be present by being a fugitive from justice (cf. People v. La Barbera, 274 N. Y. 339; Diaz v. United States, 223 U. S. 442, 455).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bbegan.

2Cases cited2 opinions

  1. Diaz v. United StatesSupreme Court of the United States · 1912
  2. People v. La BarberaNew York Court of Appeals · 1937

3Cited by9 opinions

  1. People v. EppsNew York Court of Appeals · 1975
  2. State v. LaBelleCourt of Appeals of Washington · 1977
  3. State v. SandersMissouri Court of Appeals · 1976
  4. People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. BurtsAppellate Division of the Supreme Court of the State of New York · 1978

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