People v. Draper

Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant contends that the trial court improperly tried him in absentia. A defendant has the fundamental constitutional right to be present at trial (see, US Const 6th Amend; NY Const, art I, § 6; People v Parker, 57 NY2d 136, 139-140). Although that right may be waived, such a waiver must be a knowing, voluntary and intelligent relinquishment of a known *883right (see, People v Epps, 37 NY2d 343, 350, cert denied 423 US 999). There is no direct evidence that defendant was advised of the date of trial and knowingly…