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Keywords

defendanttrialwillfelonyappellant

defendantappealtrialwillfelonyappellant

Related Cases

People v. Aiken, 45 N.Y.2d 394, 380 N.E.2d 272, 408 N.Y.S.2d 444

Facts

In the late evening of July 24, 1970, two detectives apprehended the defendant at the scene of a burglary in New Rochelle, where a broken window and disarray in the master bedroom indicated a crime had occurred. The defendant, along with a codefendant, was indicted for burglary in the second degree. The trial began in December 1971, but the defendant failed to appear on multiple occasions, leading the court to proceed with the trial in his absence. The jury convicted the defendant while acquitting his codefendant, who was present throughout the trial.

In the late evening hours of July 24, 1970, two detectives of the New Rochelle Police Department, on patrol in an unmarked car, received a call directing them to proceed to a private residence in New Rochelle. Upon arriving at the subject premises and approaching the house, one of the detectives observed a figure drop to the ground and attempt to roll under shrubbery adjacent to the house.

Issue

Whether the appellant, who voluntarily and willfully absented himself from trial, was denied the right to effective assistance of counsel.

This appeal raises the issue whether appellant, who voluntarily and willfully absented himself from trial, was denied the right to effective assistance of counsel.

Rule

A defendant charged with a felony may waive his right to be present at every stage of his trial by his voluntary and willful absence, but he cannot waive his right to effective assistance of counsel.

Although a defendant charged with a felony not punishable by death may, by his voluntary and willful absence from trial, waive his right to be present at every stage of his trial and to confront witnesses who testify against him, he may not, by absence alone, waive his right to effective assistance of counsel.

Analysis

The court analyzed the defense counsel's actions, determining that the refusal to make opening and closing statements, the decision not to cross-examine witnesses, and the failure to call witnesses were all strategic choices made in light of the strong case against the defendant. The court emphasized that a defendant's absence from trial can severely limit counsel's ability to represent effectively, and thus, the counsel's conduct was viewed as a strategic decision rather than ineffective representation.

To be sure, a defendant's absence from trial may severely hamper even the most diligent counsel's ability to represent his client effectively.

Conclusion

The court concluded that the appellant was not denied effective assistance of counsel and affirmed the conviction.

Accordingly, the order of the Appellate Division should be affirmed.

Who won?

The People (State of New York) prevailed as the court affirmed the conviction, finding no ineffective assistance of counsel.

The Appellate Division unanimously affirmed the conviction.

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