| People v Quinones |
| 2010 NY Slip Op 04860 [74 AD3d 494] |
| June 8, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Anthony Quinones, Also Known as Eric Rodriguez,Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), forrespondent.
Judgment, Supreme Court, New York County (Micki Scherer, J., at Parker hearing;Ronald A. Zweibel, J., at jury trial and sentence), rendered August 28, 2008, as amendedOctober 10, 2008, convicting defendant of grand larceny in the fourth degree and criminalpossession of stolen property in the fourth degree, and sentencing him, as a second felonyoffender, to concurrent terms of 2 to 4 years, and judgment, same court (Ronald A. Zweibel, J.),rendered August 28, 2008, convicting defendant, upon his plea of guilty, of grand larceny in thefourth degree, and sentencing him to a concurrent term of 2 to 4 years, unanimously affirmed.
The court properly proceeded with the trial in defendant's absence. It is undisputed that thecourt informed defendant of the consequences of failing to appear for trial, and that he forfeitedhis right to be present (see People v Parker, 57 NY2d 136 [1982]). The court properlydeclined to adjourn the trial, since it "had no reason to believe that an adjournment would resultin defendant's presence" (People v Michael, 293 AD2d 428, 428-429 [2002], lvdenied 99 NY2d 537 [2002]; see also People v Jones, 163 AD2d 203 [1990], lvdenied 76 NY2d 987 [1990]). The Parker proceedings established that defendant hadbeen engaged in a pattern of evasive conduct, and that it would be difficult to apprehend himwithout undue delay. Furthermore, there had been numerous adjournments before defendantabsconded. Finally, we do not read any of [*2]the languageemployed by the court as meaning it misapprehended or failed to exercise its discretion as toadjourning the trial (cf. People v Delgado, 80 NY2d 780 [1992]).Concur—Mazzarelli, J.P., Saxe, Nardelli, DeGrasse and Manzanet-Daniels, JJ.