Legal Opinion

People v. Traylor

Appellate Division of the Supreme Court of the State of New York

Decided June 22, 2010PublishedCited by 10 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered August 8, 2008, convicting him of criminal sale of a controlled substance in the third degree (four counts), upon a jury verdict, and imposing sentence.

*1252Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the County Court properly determined that the trial should proceed in his absence. A valid waiver of the right to be present at trial will be implied if the record reflects that the defendant is “ ‘aware that trial will proceed even though he or she fails to appear’ ”…

2Cases cited5 opinions

  1. People v. ParkerNew York Court of Appeals · 1982
  2. People v. SpotfordNew York Court of Appeals · 1995
  3. People v. BrooksNew York Court of Appeals · 1990
  4. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2003
  5. People v. MarshallAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by10 opinions

  1. People v. FieldsAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. ForrestAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. CarterAppellate Division of the Supreme Court of the State of New York · 2012

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