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People v. Montez

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1978
65 A.D.2d 777 (N.Y. App. Div. 1978)

Opinion

November 13, 1978


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 7, 1977, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant was properly sentenced, in absentia, having waived his right to be physically present by absconding voluntarily after his trial had commenced (see People v Stroman, 36 N.Y.2d 939; People ex rel. Lupo v Fay, 13 N.Y.2d 253, 257, cert den 376 U.S. 958; cf. People v Aiken, 45 N.Y.2d 394, affg 54 A.D.2d 937; People v Epps, 37 N.Y.2d 343, cert den 423 U.S. 999). We have considered defendant's remaining contention and find it to be lacking in merit (see People v Bercume, 53 A.D.2d 924). Mollen, P.J., Martuscello, Rabin and Gulotta, JJ., concur.


Summaries of

People v. Montez

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1978
65 A.D.2d 777 (N.Y. App. Div. 1978)
Case details for

People v. Montez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABRIEL MONTEZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 1978

Citations

65 A.D.2d 777 (N.Y. App. Div. 1978)

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