People v. Weathers

. Judgment unanimously reversed, on the law and facts, and a new trial granted. Memorandum: While a criminal defendant may waive his right to be present at trial, the right is fundamental and of constitutional magnitude, and thus the validity of the waiver must be tested according to constitutional standards (People v Parker, 57 NY2d 136, 140; People v Burts, 64 AD2d 283, 286-287). “The key issue is whether this defendant, knowingly, voluntarily and intelligently relinquished this known right” (People v Epps, 37 NY2d 343, 350, cert den 423 US 999, citing Johnson v Zerbst, 304 US 458, 464).…