15 N.Y.2d 692

The People of the State of New York, Respondent, v. Robert Elmer Strick, Appellant.

Submitted October 14, 1964;

decided January 7, 1965.

*693Benjamin Greshin for appellant.

Bernard C. Smith, District Attorney (Charles T. Matthews of counsel), for respondent.

*694Judgment affirmed in a memorandum. Since defendant was on trial for a misdemeanor, his absence from the courtroom could not have been in and of itself basis for declaring a mistrial (Code Crim. Pro., ยง 356) but, under the peculiar circumstances of this case, in which identification of defendant was critical and his absence from the courtroom may well have been contrived for purposes of appeal, the Trial Judge was privileged, in the exercise of sound discretion, to grant a mistrial over the objection of defense counsel.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorbis, Burke, Scileppi and Bergan.

People v. Strick
15 N.Y.2d 692

Case Details

Name
People v. Strick
Decision Date
Jan 7, 1965
Citations

15 N.Y.2d 692

Jurisdiction
New York

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