People v. Campbell

—Judgment unanimously reversed on the law and new trial granted on count one of indictment and indictment otherwise dismissed without prejudice to the People to re-present any appropriate charges under count two of indictment to another Grand Jury. Memorandum: County Court erred in proceeding with the trial in defendant’s absence. Although a defendant may waive his constitutional right to be present at trial (see, People v Mehmedi, 69 NY2d 759, 760; People v Quamina, 161 AD2d 1110, 1111, lv denied 76 NY2d 943), in order for that waiver to be effective, it must be voluntary, knowing and…