People v. Rivers

Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was tried, in absentia, and convicted of two counts of burglary in the second degree and two counts of grand larceny in the fourth degree. The convictions must be reversed.

A defendant in a criminal case has a fundamental right to be present at all material stages of his trial (see, People v Mehmedi, 69 NY2d 759, 760; People v Ciaccio, 47 NY2d 431, 436). Any waiver of that right must be voluntary, knowing and intelligent (People v Smith, 68 NY2d 725; People v Parker, 57 NY2d 136). To effect such waiver,…