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THE JUDGE DID NOT PROVIDE AN ADEQUATE STATEMENT OF THE REASONS FOR CONDUCTING THE TRIAL IN DEFENDANT’S ABSENCE; NEW TRIAL ORDERED (SECOND DEPT).

The Second Department, reversing defendant’s convictions and ordering a new trial, determined the judge failed to provide an adequate statement of the reasons for conduction the trial in defendant’s absence:

… [T]he defendant is entitled to a new trial because the County Court improperly conducted the trial in the defendant’s absence. “Before proceeding in [a] defendant’s absence, the court [must make an] inquiry and recite[ ] on the record the facts and reasons it relied upon in determining that [the] defendant’s absence was deliberate” … . Here, the court failed to provide an adequate statement of reasons or bases for its determination that the defendant’s absence from the trial was deliberate. Although the court stated that it was basing its determination on the defendant’s “history” and “conduct within the last few days,” it failed to detail the history and conduct upon which its determination was based … . People v Kerr, 2025 NY Slip Op 00236, Second Dept 1-15-25

Practice Point: Before a judge can conduct a trial in a defendant’s absence, an adequate statement of the reasons must be in the record. If the statement is inadequate a new trial will be necessary.

 

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