People v Redzeposki

2006 NY Slip Op 04339

Decided on June 6, 2006

Court of Appeals

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 6, 2006
No. 74






Jillian E. Wieder, for appellant.
Ellen Dille, for respondent.


MEMORANDUM:

The order of the Appellate Division should be reversed and the case remitted to that court for consideration of the facts (see CPL 470.25 [2] [d], 470.40 [2] [b]).

"Before proceeding in defendant's absence, the court should . . .ma[ke] inquiry and recite[] on the record the facts and reasons it relied upon in determining that defendant's absence was deliberate" (People v Brooks, 75 NY2d 898, 899 [1990]). Here, the trial court [*2]properly inquired into defendant's absence and reasonably determined—based on the court's own observation as well as defense counsel's explanation—that defendant had deliberately left the courthouse shortly before announcement of the jury verdict.
* * * * * * * * * * * * * * * * *
Order reversed and case remitted to the Appellate Division, First Department, for consideration of the facts (see CPL 470.25[2][d]; 470.40[2][b]), in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Decided June 6, 2006