People v. Anderson
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Appeal from a judgment of the Jefferson County Court (Lee Clary, J.), rendered July 15, 1993. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him following a jury trial of criminal possession of a controlled substance in the first degree (Penal Law former § 220.21 [1]), defendant contends that County Court erred in refusing to suppress the drugs found in his vehicle because the police lacked probable cause to stop and search his vehicle. We conclude that
Contrary to the contention of defendant, the court did not abuse its discretion in trying and sentencing him in absentia. Based on the record before us, we conclude that defendant had received the requisite warnings pursuant to People v Parker (57 NY2d 136, 141 [1982]) and was informed that the trial would commence on a certain date. We thus conclude that defendant waived his right to be present at trial and at sentencing (see People v Jones, 31 AD3d 1193 [2006], lv denied 7 NY3d 868 [2006]; People v Almonte, 210 AD2d 911 [1994], lv denied 85 NY2d 859 [1995]; People v Daley, 207 AD2d 1000 [1994], lv denied 84 NY2d 1010 [1994]). The verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]), and the sentence is not unduly harsh or severe. We have considered defendant’s remaining contentions and conclude that they are without merit. Present—Hurlbutt, J.P, Martoche, Smith, Green and Pine, JJ.