| People v Lewis |
| 2008 NY Slip Op 10411 [57 AD3d 1505] |
| December 31, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Ralph Lewis,Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), renderedJuly 14, 2005. The judgment convicted defendant, upon a jury verdict, of burglary in the third degree,criminal mischief in the fourth degree and petit larceny.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia,burglary in the third degree (Penal Law § 140.20). Contrary to the contention of defendant,Supreme Court did not abuse its discretion in conducting the trial and in sentencing him in absentia. Therecord before us establishes that the court provided defendant with the requisite warnings pursuant toPeople v Parker (57 NY2d 136, 141 [1982]), and the court also informed him that the trialwould commence on a certain date. Consequently, defendant waived his right to be present at trial andat sentencing by failing to appear at the appointed time or within a reasonable time thereafter (see People v Jones, 31 AD3d 1193[2006], lv denied 7 NY3d 868 [2006]; People v Almonte, 210 AD2d 911 [1994],lv denied 85 NY2d 859 [1995]).
Contrary to the further contention of defendant, the evidence is legally sufficient to support theconviction (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). "Although defendantwas tried in absentia and there was no opportunity to conduct an in-court identification, defendant'sidentity was established by the arresting officer, who testified that the person arrested was theperpetrator" (People v Ortiz, 261 AD2d 102, 103 [1999], lv denied 93 NY2d 1024[1999]). Present—Martoche, J.P., Smith, Centra, Green and Pine, JJ.