People v. McCullough
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: We agree with defendant that, "[b]efore proceeding in defendant’s absence, the court should have made inquiry and recited on the record the facts and reasons it relied upon [to determine whether] defendant’s absence was deliberate” (People v Brooks, 75 NY2d 898, 899, mot to amend remittitur granted 76 NY2d 746; see also, People v Parker, 57 NY2d 136, 142). The record establishes that, when the suppression hearing commenced, the court noted defendant’s absence…
2Cases cited2 opinions
- People v. ParkerNew York Court of Appeals · 1982
- People v. BrooksNew York Court of Appeals · 1990
3Cited by2 opinions
- People v. LambAppellate Division of the Supreme Court of the State of New York · 1997
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2001