PEOPLE v. COLOMBANI

Judgment affirmed. Regardless of whether a hearing under section 813-c of the Code of Criminal Procedure is to be regarded as a part of the trial at which an accused has a right to be present, appellant had been notified of this hearing and waived the right to be present by being a fugitive from justice (cf. People v. La Barbera, 274 N.Y. 339; Diaz v. United States, 223 U.S. 442, 455).

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.