People v. Major, 68 A.D.3d 1244 (N.Y. App. Div. 2009). · Go Syfert
People v. Major, 68 A.D.3d 1244 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Cutler
N.Y. App. Div. · 2019 · confidence medium
Defendant had a waivable right to be [*2]present at sentencing, and he was indisputably informed of that right "and of the consequences for failing to appear, including the fact that the proceedings would go forward in his . . . absence" ( People v Major , 68 AD3d 1244, 1245 [2009], lv denied 14 NY3d 772 [2010]; see CPL 380.40 [1]; People v Parker , 57 NY2d 136, 141 [1982]; People v Sassenscheid , 162 AD3d 1108 , 1109 [2018]).
discussed Cited as authority (rule) People v. Cutler
N.Y. App. Div. · 2019 · confidence medium
Defendant had a waivable right to be present at sentencing, and he was indisputably informed of that right "and of the consequences for failing to appear, including the fact that the proceedings would go forward in his . . . absence" ( People v Major , 68 AD3d 1244, 1245 [2009], lv denied 14 NY3d 772 [2010]; see CPL 380.40 [1]; People v Parker , 57 NY2d 136, 141 [1982]; People v Sassenscheid , 162 AD3d 1108 , 1109 [2018]).
discussed Cited as authority (rule) People v. Sassenscheid
N.Y. App. Div. · 2018 · confidence medium
For there to be such a waiver, however, it must be shown that the defendant was informed of the right to be present at the proceedings and of the consequences for failing to appear, including the fact that the proceedings would go forward in his or her absence" ( People v Major , 68 AD3d 1244, 1245 [2009] [citations omitted], lv denied 14 NY3d 772 [2010]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2017 · confidence medium
“Rather, the trial court must exercise its sound discretion upon consideration of all appropriate factors, including the possibility that defendant could be located within a reasonable period of time, the difficulty of rescheduling trial and the chance that evidence will be lost or witnesses will disappear” (People v Parker, 57 NY2d at 142 ; see People v June, 116 AD3d at 1095 ; People v Major, 68 AD3d 1244, 1245 [2009]; People v Ramos, 207 AD2d at 810 ; People v Valdez, 135 AD2d 761, 762 [1987]).
discussed Cited as authority (rule) People v. Fulwood
N.Y. App. Div. · 2011 · confidence medium
Inasmuch as counsel otherwise engaged in appropriate motion practice, cross-examined the People’s witnesses at both the suppression hearing and trial, made appropriate objections, presented a reasonable — albeit ultimately unsuccessful — defense and gave coherent opening and closing statements, we are satisfied that defendant received meaningful representation (see People v Richards, 78 AD3d 1221, 1225 [2010] , Iv denied 15 NY3d 955 [2010]; People v Major, 68 AD3d 1244, 1246 [2009], Iv denied 14 NY3d 772 [2010]; People v Casey, 61 AD3d 1011, 1014 [2009], Iv denied 12 NY3d 913 [2009]).
discussed Cited as authority (rule) People v. Thompson
N.Y. App. Div. · 2010 · confidence medium
Considering the totality of the circumstances and notwithstanding any arguable errors, all of which we find to be harmless (see People v Varmette, 70 AD3d 1167, 1172 [2010], lv denied 14 NY3d 845 [2010]), we are satis fied that defendant received meaningful representation (see People v Major, 68 AD3d 1244, 1245-1246 [2009], lv denied 14 NY3d 772 [2010]; People v Jackson, 48 AD3d 891, 893 [2008], lv denied 10 NY3d 841 [2008]).
examined Cited "see" People v. June (3×) also: Cited "see, e.g."
N.Y. App. Div. · 2014 · signal: see · confidence high
Rather, it must also appear from the record that the trial court considered “all appropriate factors” before proceeding in defendant’s absence, “including the possibility that defendant could be located within a reasonable period of time, the difficulty of rescheduling [the] trial and the chance that evidence will be lost or witnesses will disappear” (People v Parker, 57 NY2d at 142 ; see People v Major, 68 AD3d 1244, 1245 [2009], lv denied 14 NY3d 772 [2010]; People v Sumner, 254 AD2d at 537 ; see also People v Brooks, 75 NY2d 898, 899 [1990], amended 76 NY2d 746 [1990]).
examined Cited "see" People v. June (3×) also: Cited "see, e.g."
N.Y. App. Div. · 2014 · signal: see · confidence high
Rather, it must also appear from the record that the trial court considered “all appropriate factors” before proceeding in defendant’s absence, “including the possibility that defendant could be located within a reasonable period of time, the difficulty of rescheduling [the] trial and the chance that evidence will be lost or witnesses will disappear” (People v Parker, 57 NY2d at 142 ; see People v Major, 68 AD3d 1244, 1245 [2009], lv denied 14 NY3d 772 [2010]; People v Sumner, 254 AD2d at 537 ; see also People v Brooks, 75 NY2d 898, 899 [1990], amended 76 NY2d 746 [1990]).
discussed Cited "see" RODMAN, DAVID C., PEOPLE v
N.Y. App. Div. · 2013 · signal: see · confidence high
“If a defendant fails to appear at sentencing, he or she may be deemed to have waived the right to be present only if the defendant was previously advised of the consequences of failing to appear at sentencing” (People v Syrell, 42 AD3d 947, 947-948 ; see People v Major, 68 AD3d 1244, 1245 , lv denied 14 NY3d 772 ).
discussed Cited "see" People v. Rodman
N.Y. App. Div. · 2013 · signal: see · confidence high
“If a de fendant fails to appear at sentencing, he or she may be deemed to have waived the right to be present only if the defendant was previously advised of the consequences of failing to appear at sentencing” (People v Syrell, 42 AD3d 947, 947-948 [2007]; see People v Major, 68 AD3d 1244, 1245 [2009], lv denied 14 NY3d 772 [2010]).
discussed Cited "see" People v. Rodman
N.Y. App. Div. · 2013 · signal: see · confidence high
“If a de fendant fails to appear at sentencing, he or she may be deemed to have waived the right to be present only if the defendant was previously advised of the consequences of failing to appear at sentencing” (People v Syrell, 42 AD3d 947, 947-948 [2007]; see People v Major, 68 AD3d 1244, 1245 [2009], lv denied 14 NY3d 772 [2010]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Roger Major
Appellate Division of the Supreme Court of the State of New York.
Dec 10, 2009.
68 A.D.3d 1244
Rose.
Cited by 12 opinions  |  Published
Rose, J.

Defendant was charged by indictment with two counts of criminal sale of a controlled substance in the third degree for selling cocaine to a confidential informant on two occasions. At his jury trial, defendant was in attendance until the day that the jury was to be charged, when he failed to reappear. County Court continued the trial without him and the jury convicted him as charged. Defendant also was absent when the court sentenced him to two consecutive terms of 10 to 20 years in prison.

[*1245] Defendant contends on appeal that County Court erred in concluding the trial and imposing sentence in his absence. We cannot agree. While a defendant’s right to be present at every material stage of a trial is well established (see People v Roman, 88 NY2d 18, 26 [1996]; People v Abdullah, 28 AD3d 940, 941 [2006], lvs denied 7 NY3d 784 [2006]), it may be waived (see e.g. People v Vargas, 88 NY2d 363, 375-376 [1996]; People v Beverly, 6 AD3d 874, 875 [2004], lv denied 3 NY3d 637 [2004]). For there to be such a waiver, however, it must be shown that the defendant was informed of the right to be present at the proceedings and of the consequences for failing to appear, including the fact that the proceedings would go forward in his or her absence (see People v Parker, 57 NY2d 136, 141 [1982]; People v Stroman, 6 AD3d 818, 819 [2004], lv denied 3 NY3d 648 [2004]). In addition, before proceeding with sentencing in the defendant’s absence, “the trial court must exercise its sound discretion upon consideration of all appropriate factors, including the possibility that defendant could be located within a reasonable period of time” (People v Parker, 57 NY2d at 142). The record convinces us that these standards were satisfied here.

On at least three occasions prior to defendant’s absence, County Court clearly and unequivocally informed him of his right to be present and warned that, if he failed to appear in court when required, the trial and, if he were to be found guilty, the imposition of sentence would be conducted in his absence. When defendant, who had been released on bail and attended all prior proceedings accompanied by his mother, failed to appear at the time set for final instructions to the jury, neither his counsel nor his mother was able to explain his absence. County Court then adjourned the trial for three days from Friday morning to the following Monday morning to afford defendant’s counsel, his mother and the People an opportunity to investigate his absence. County Court also directed that inquiries be made to several police agencies and hospitals, and issued a warrant for defendant’s arrest. None of those efforts shed any light on defendant’s whereabouts. Before resuming the trial, County Court also considered the likelihood that defendant would be located, the impact of delaying the trial at such a late stage and the inconvenience to the jury (see People v Parker, 57 NY2d at 142; People v Stroman, 6 AD3d at 819; People v Thompson, 306 AD2d 758, 760 [2003], lv denied 1 NY3d 581 [2003]).

Defendant also argues that he did not receive the effective assistance of counsel because his counsel failed to seek exclusion of the evidence showing that he had been found to be in possession of a large sum of money. We disagree. Since defendant was[*1246] charged with more than one sale of cocaine and the money used in purchases by the confidential informant was found mixed with the other funds (see People v Martin, 163 AD2d 491 [1990]), a motion to exclude this evidence likely would have been unsuccessful (see People v Jackson, 48 AD3d 891, 893 [2008], lv denied 10 NY3d 841 [2008]). Inasmuch as defendant’s counsel otherwise made appropriate motions, engaged in thorough cross-examination of the People’s witnesses and presented a coherent defense in challenging the credibility of the informant, defendant was afforded meaningful representation (see People v Benevento, 91 NY2d 708, 712-713 [1998]; People v Scanlon, 52 AD3d 1035, 1040 [2008], lv denied 11 NY3d 741 [2008]).

Defendant’s remaining contentions, to the extent that they are properly before us, have been reviewed and found to be without merit.

Peters, J.P, Kane, Kavanagh and McCarthy, JJ., concur. Ordered that the judgment is affirmed.