People v. Smith

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

The record is devoid of evidence that defendant was informed that trial and sentencing would proceed in his absence. Although defendant was advised by counsel that pretrial hearings were scheduled to commence on a certain date *727and the trial thereafter, there is no indication in the record that defendant was warned of the consequences of his failure to appear. Hence, there is no basis for finding a "voluntary, knowing and intelligent waiver of the right to be present at trial” and…