People v Jorge

Holding The court reversed the conviction because the trial court failed to conduct a sufficient inquiry into the circumstances surrounding the defendant’s absence before proceeding with the trial. The record did not establish that the defendant deliberately absented himself to forfeit his right to be present, nor did it show the court considered all appropriate factors for proceeding in absentia.

The court’s words

the court has an obligation to inquire into the surrounding circumstances to determine if the defendant's absence is deliberate

2026 NY Slip Op 05811, at the official text

the trial court must exercise its sound discretion upon consideration of all appropriate factors

2026 NY Slip Op 05811, at the official text

the record is therefore insufficient to establish that the defendant deliberately absented himself from the proceedings

2026 NY Slip Op 05811, at the official text