People v. Aiken

• Court: New York Supreme Court — Appellate Division
• Citation: People v. Aiken, 54 A.D.2d 937, 388 N.Y.S.2d 260 (N.Y. App. Div. 1976)
• Decision Date: 08 November 1976
• Parties: The PEOPLE, etc., Respondent, v. Warren AIKEN, Appellant.

Page 260

388 N.Y.S.2d 260

54 A.D.2d 937

The PEOPLE, etc., Respondent, v. Warren AIKEN, Appellant.

Supreme Court, Appellate Division, Second Department.

Nov. 8, 1976.

Greenspan & Aurnou, White Plains (Joel Martin Aurnou and Joseph D. Desalvo White Plains, of counsel), for appellant.

Carl A. Vergari, Dist. Atty., White Plains (Vincent L. Leibell, III and Carl F. Lodes, White Plains, of counsel), for respondent.

Before MARTUSCELLO, Acting P.J., and LATHAM, COHALAN, DAMIANI and HAWKINS, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the County Court, Westchester County, rendered April 4, 1975, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant absented himself on the second day of trial, after nine jurors had been sworn, and did not reappear. He was later apprehended in South Carolina. Under these circumstances we hold, as we did in People v. Epps,46 A.D.2d 890, 361 N.Y.S.2d 689, that a defendant's willful refusal to appear in court denies him the opportunity to seek the protection afforded by the Sixth Amendment of the Federal Constitution, by section 6 of article 1 of the New York State Constitution and by CPL 260.20.

Defendant's remaining contention, that he was...