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People v. Redzeposki

Court of Appeals of the State of New York
Jun 6, 2006
2006 N.Y. Slip Op. 4339 (N.Y. 2006)

Opinion

No. 74.

Argued May 2, 2006.

Decided June 6, 2006.

Appeal from the APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered September 15, 2005. The Appellate Division (1) reversed, on the law, a judgment of the Supreme Court, Bronx County (Caesar Cirigliano, J.), which had convicted defendant, upon a jury verdict, of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and (2) remanded for a new trial.

People v. Redzeposki, 21 AD3d 781, reversed.

Robert T. Johnson, District Attorney, Bronx ( Jillian E. Wieder, Joseph N. Ferdenzi and Allen H. Saperstein of counsel), for appellant.

Legal Aid Society, New York City ( Ellen Dille, Steven Banks and Laura R. Johnson of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSEN-BLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.


OPINION OF THE COURT

The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts ( see CPL 470.25 [d]; 470.40 [2] [b]).

"Before proceeding in defendant's absence, the court should . . . ma[ke] inquiry and recite [ ] on the record the facts and reasons it relied upon in determining that defendant's absence was deliberate" (People v. Brooks, 75 NY2d 898, 899). Here, the trial court properly inquired into defendant's absence and reasonably determined — based on the court's own observation as well as defense counsel's explanation — that defendant had deliberately left the courthouse shortly before announcement of the jury verdict.

Order reversed, etc.


Summaries of

People v. Redzeposki

Court of Appeals of the State of New York
Jun 6, 2006
2006 N.Y. Slip Op. 4339 (N.Y. 2006)
Case details for

People v. Redzeposki

Case Details

Full title:The People c., Appellant, v. Mednan Redzeposki, Respondent

Court:Court of Appeals of the State of New York

Date published: Jun 6, 2006

Citations

2006 N.Y. Slip Op. 4339 (N.Y. 2006)
2006 N.Y. Slip Op. 4339
818 N.Y.S.2d 182
850 N.E.2d 1157

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