People v. Ellerbe
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered October 17, 1983, convicting him of robbery in the second degree (two counts) and grand larceny in the second degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
The trial court correctly permitted the trial to proceed without defendant in attendance. Defendant forfeited his right to be present when, with knowledge that the trial was to begin and that he was obligated to be present and without excuse (cf. People v Parker, 57 NY2d 136), he failed to appear (see, People v Sanchez, 65…
2Cases cited5 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. GloverNew York Court of Appeals · 1982
- People v. ParkerNew York Court of Appeals · 1982
- People v. DuffyNew York Court of Appeals · 1975
- People v. FosterNew York Court of Appeals · 1985
3Cited by5 opinions
- People v. SessionsAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WhiteheadAppellate Division of the Supreme Court of the State of New York · 1988
- People v. CarbonaroAppellate Division of the Supreme Court of the State of New York · 1989
- People v. ValdezAppellate Division of the Supreme Court of the State of New York · 1987
- People v. HobbyAppellate Division of the Supreme Court of the State of New York · 1989