
    The People of the State of New York, Respondent, v. Edward Colombani, Appellant.
    Argued October 28, 1965;
    decided December 1, 1965.
    
      
      Phylis SJtloot and Anthony F. Marra for appellant.
    
      Frank D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.
   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 Bbegan.  