| People v Traylor |
| 2010 NY Slip Op 05598 [74 AD3d 1251] |
| June 22, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v DeonTraylor, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.),rendered August 8, 2008, convicting him of criminal sale of a controlled substance in the thirddegree (four counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the County Court properly determined that the trialshould proceed in his absence. A valid waiver of the right to be present at trial will be implied ifthe record reflects that the defendant is " 'aware that trial will proceed even though he or she failsto appear' " (People v Spotford, 85 NY2d 593, 599 [1995], quoting People vParker, 57 NY2d 136, 141 [1982]; see People v Brooks, 308 AD2d 99, 104 [2003]).Moreover, a defendant may forfeit the right to be present at trial by deliberately absentinghimself from the proceedings, regardless of whether he or she was informed that the trial wouldproceed in his or her absence (see People v Brooks, 308 AD2d at 104 [1990]; seealso People v Brooks, 75 NY2d 898, 899 [1990]; People v Sanchez, 65 NY2d 436,443-444 [1985]).
Here, the evidence adduced at a Parker hearing (see People v Parker, 57NY2d 136 [1982]) that defense counsel advised the defendant that the trial court would considerproceeding with the trial in his absence, and that the defendant thereafter failed to appear fortrial, supported a finding that the defendant impliedly waived his right to be present at trial. Inany event, the record supports the trial court's determination that the defendant's absences on thedate set for trial, and on a second trial date scheduled after his failure to appear, were deliberate(see People v Marshall, 35 AD3d 764, 764-765 [2006]) and that, therefore, his conductindicated "a defiance of the processes of law sufficient to effect a forfeiture" (People vSanchez, 65 NY2d at 444; see People v Brooks, 308 AD2d at 104).
The defendant's remaining contention is without merit. Fisher, J.P., Lott, Austin and Sgroi,JJ., concur.