In People v. Gilestrella, 127 Misc.2d 356 (Sup. Ct. N.Y. 1985), the trial court held that the defendant, who failed to appear before a decision was made on a dismissal motion after trial, was not entitled to a decision on his motion. The defendant was considered a fugitive from justice who had absconded during the pendency of the motion and the court held that: when a criminal defendant flees during the pendency of a motion and prior to the conclusion of a trial, trial courts, like appellate courts, should not have to 'await the pleasure and decision of the criminal to return.' It is much more becoming to the court's dignity that it should 'prescribe the conditions upon which [a fugitive defendant] should be permitted to appear' rather than allowing the fugitive defendant to dictate the terms upon which he will consent to surrender himself to the custody of the courts." (Gilestrella, 127 Misc.2d 356, 486 N.Y.S.2d 617.)