Legal Opinion

People v. Green

New York Supreme Court

Decided July 15, 1987PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Gloria Goldstein, J.

The question raised in this case is whether a defense attorney may waive a jury on behalf of a defendant being tried in absentia.

Defendant indicted on a charge of criminal possession of a weapon in the third degree failed to appear on the date scheduled for trial. The court had previously apprised defendant of his right to be present at trial and the consequences of nonappearance, making it abundantly clear that the trial *246would proceed in his absence.1 Upon his failure to appear, the court issued a bench warrant and subsequently conducted a Parker…

2Cases cited15 opinions

  1. Jones v. BarnesSupreme Court of the United States · 1983
  2. Duncan v. LouisianaSupreme Court of the United States · 1968
  3. People v. ParkerNew York Court of Appeals · 1982
  4. Cancemi v. . the PeopleNew York Court of Appeals · 1858
  5. People v. FergusonNew York Court of Appeals · 1986

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3Cited by1 opinion

  1. People v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1988

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