People v. Badia-Almonte

Judgment unanimously affirmed. Memorandum: On appeal from her convictions for criminal sale and possession of a controlled substance, defendant’s primary contention is that the court erred in trying her in absentia. She argues that she cannot be deemed to have waived her right to be present at trial because, although she repeatedly and clearly was apprised that trial would proceed if she failed to appear (see, People v Parker, 57 NY2d 136, 140-141), she was not informed that trial would commence on a specific date (see, People v Rivers, 163 AD2d 812, 813). Where, as here, the defendant…