People v Halls, 2011 NY Slip Op 05421 [85 AD3d 632]

June 23, 2011

Appellate Division, First Department

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Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered June 1, 2010, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 2½ years, unanimously affirmed.

The court properly sentenced defendant in his absence. The record establishes that defendant, who was in the court pens, deliberately refused to be produced in the courtroom for his scheduled sentencing. Accordingly, defendant waived and/or forfeited his right to be present, regardless of whether he had been warned that sentencing would proceed in his absence ( see People v Sanchez , 65 NY2d 436, 443-444 [1985]). In any event, the record indicates that defendant’s attorney had warned his client to that effect. Concur—Tom, J.P., Friedman, Acosta, Renwick and DeGrasse, JJ..