PEOPLE v. GEE


56 A.D.3d 1205 (2008)

867 N.Y.S.2d 308

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LENO W. GEE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 14, 2008.


Memorandum:

On appeal from a judgment convicting him of robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that he did not validly waive his right to be Present at the hearing on the issue whether the victim had an independent basis for his identification of defendant. We reject that contention. The record establishes that County Court informed defendant of his right to be Present at that hearing and his ability to waive that right and suggested...

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