Legal Opinion

People v. Amato

Appellate Division of the Supreme Court of the State of New York

Decided April 1, 1991PublishedCited by 16 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered December 6, 1988, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

We find that, under the circumstances presented here, the court erred in proceeding with the trial in the defendant’s absence. The defendant was present in the courtroom during the jury selection but…

2Cases cited3 opinions

  1. People v. BrooksNew York Court of Appeals · 1990
  2. People v. WindleyAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. LopezAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by16 opinions

  1. People v. RoeAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. SpotfordAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. ForrestAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. GreenAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. AponteAppellate Division of the Supreme Court of the State of New York · 1994

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