The People, etc., respondent, v. David Albert, appellant. (2010)

Submitted-May 25, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Berkowitz, J.), rendered November 19, 2007, convicting him of robbery in the first degree, assault in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that he was denied the right to be present during his trial.   However, the defendant forfeited his right to be present at trial by refusing to appear in court after being notified that the trial would proceed without him even if he failed to appear (see People v. Parker, 57 N.Y.2d 136, 141;  People v. Dhan, 271 A.D.2d 452, 453;  People v. Taylor, 233 A.D.2d 534).   Contrary to the defendant's contention, the County Court made reasonable efforts to ascertain that his refusal was voluntary.   Accordingly, the County Court properly determined that the trial should proceed in the defendant's absence (see People v. Constas, 59 AD3d 729, 730;  People v. Dhan, 271 A.D.2d at 453).

FISHER, J.P., SANTUCCI, MILLER and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court