In People v. Rosicky , Brian Rosicky sought to vacate his conviction on the grounds the Court hadn't advised him of a right to be present for his trial or that it would occur in his absence.
When Rosicky failed to appear for a court appearance -- on a date he had requested and since no excuse for his absence was provided -- the judge went ahead with the trial.
Interestingly, when the trial date was fixed, Rosicky hadn't been given a "Parker warning" -- that is, the judge failed to inform Rosicky the trial would proceed if he didn't show. And, even when that warning is given, a court must still assess whether the defendant can be located within a reasonable period of time before the hearing may proceed.
Although Rosicky was convicted of violating the speed limit, not wearing a seat belt, and failing to produce proof of valid insurance, the Nassau County Justice Court vacated the conviction because no Parker warning hadn't been given. (In other words, he got a do-over.)
Rosicky's persnicketi-ness paid off!
To download a copy of the Justice Court's decision, please use this link: People v. Rosicky