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People v. Garcia

207 A.D.2d 734 Court N.Y. App. Div. Decision date 1994-09-22 English

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p. 734
The People of the State of New York, Respondent, v Eleodoro Garcia, Appellant.
[616 NYS2d 955]

—Judgment, Supreme Court, New York County (Jerome Marks, J.), rendered March 1, 1988, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of AVz to 9 years, unanimously affirmed.

Defendant, who absconded after his suppression motions were denied and was told by the court that his trial would begin the next day, "unambiguously indicate[d] a defiance of the processes of law sufficient to effect a forfeiture” of his right to be present, and was not improperly tried in absentia (People v Sanchez, 65 NY2d 436 , 444). Concur—Sullivan, J. P., Carro, Ellerin, Kupferman and Asch, JJ.