Opinion
321
February 26, 2002.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered March 3, 2000, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years, unanimously affirmed.
Grace Vee for respondent.
Katheryne M. Martone for defendant-appellant.
Before: Tom, J.P., Mazzarelli, Rosenberger, Ellerin, Rubin, JJ.
Defendant was properly tried in absentia. Defendant had been warned that if he failed to appear, a hearing and trial could be held in his absence. The following day defendant failed to appear in the morning. After waiting until the afternoon, the court held a Parker hearing (People v. Parker, 57 N.Y.2d 136), at which the People established that they had checked the defendant's last known address and various correctional facilities, hospitals and other appropriate locations in attempts to locate defendant, but to no avail. Following the hearing, the court ruled that the trial would proceed without defendant. Under these circumstances, the court properly exercised its discretion in refusing to adjourn the case any further, since there was no reason to believe that defendant would be present if the trial were rescheduled (see, People v. Johnson, 262 A.D.2d 155, 156, lv denied 94 N.Y.2d 798; People v. Jones, 163 A.D.2d 203, 205, lv denied 76 N.Y.2d 984). Furthermore, the People made reasonable efforts to locate defendant (see, People v. Rodriguez, 174 A.D.2d 405, lv denied 78 N.Y.2d 1080; People v. Bailey, 172 A.D.2d 163,lv denied 78 N.Y.2d 920).
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.