State v. Whaley

The opinion of the Court was delivered by

LaVECCHIA, J.

This case involves a defendant who was tried and convicted in absentia on charges related to his alleged participation in drug trafficking. We must determine whether it was proper to have proceeded with trial in defendant’s absence. In an unpublished opinion, the Appellate Division affirmed defendant’s conviction. We granted certification, 164 N.J. 189, 752 A.2d 1291 (2000), to review whether defendant waived his right to be present at trial.

I

Defendant was indicted in July 1995 for first-degree possession of a controlled dangerous…