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People v. Colombani

16 N.Y.2d 1055 Court N.Y. Decision date 1965-12-01 English

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p. 1055
The People of the State of New York, Respondent, v. Edward Colombani, Appellant.
Argued October 28, 1965;
decided December 1, 1965.
p. 1056
Phylis SJtloot and Anthony F. Marra for appellant.
Frank D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Judgment affirmed. Regardless of whether a hearing under section 813-c of the Code of Criminal Procedure is to be regarded as a part of the trial at which an accused has a right to be present, appellant had been notified of this hearing and waived the right to be present by being a fugitive from justice (cf. People v. La Barbera, 274 N. Y. 339 ; Diaz v. United States, 223 U. S. 442 , 455).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bbegan.

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