Opinion
June 22, 1998
Appeal from the Supreme Court, Queens County (Thomas, J.).
Ordered that the judgment is affirmed.
We find unpersuasive the defendant's contention that he was improperly tried in absentia. The record of the hearing conducted by the court demonstrates that the defendant received and acknowledged warnings regarding the consequences of his failure to appear, that the People satisfied their obligation of making reasonable efforts to ascertain the defendant's whereabouts, and that the court considered the appropriate factors before deciding to proceed with the trial in the defendant's absence. Accordingly, the court properly concluded that the defendant deliberately absented himself from the proceedings and thereby voluntarily, knowingly, and intelligently waived his right to be present at trial ( see, People v. Parker, 57 N.Y.2d 136; People v. Green, 216 A.D.2d 581; People v. Sanchez, 178 A.D.2d 567; People v. Davenport, 173 A.D.2d 633, lv denied 78 N.Y.2d 1010, cert denied 502 U.S. 1106).
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was. legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
Copertino, J.P., Thompson, Sullivan and Friedmann, JJ., concur.