Opinion
July 8, 1996
Appeal from the Supreme Court, Kings County (Tomei, J.).
Ordered that the judgment is affirmed.
The defendant contends that the Supreme Court violated his rights under CPL 710.40 (3) by proceeding to trial without determining a branch of his omnibus motion. We disagree. Although the defendant has a right to a determination on a pretrial motion prior to the commencement of trial ( see, CPL 710.40), the defendant waived this right by voluntarily proceeding with jury selection prior to a determination on a branch of his omnibus motion ( see, People v. Sterling, 141 A.D.2d 680; People v Melendez, 141 A.D.2d 860).
Furthermore, the court did not improvidently exercise its discretion in trying the defendant in absentia. The defendant was informed, on more than one occasion, of his right to be present at trial and of the consequences of failing to appear ( see, People v. Parker, 57 N.Y.2d 136). The defendant was also informed of the trial date and the date of adjournment. In addition, reasonable efforts were made to locate the defendant ( see, People v. Parker, supra). Accordingly, the court properly proceeded in absentia.
The defendant's remaining contention is without merit ( see, People v. Rivera, 71 N.Y.2d 705). O'Brien, J.P., Sullivan, Florio and McGinity, JJ., concur.