2017 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence
Article 340 - Pre-Trail Proceedings
340.50 - Defendant's Presence at Trial.

Universal Citation: NY Crim Pro L § 340.50 (2017)
340.50  Defendant's presence at trial.

1. Except as provided in subdivision two or three, a defendant must be personally present during the trial.

2. On motion of a defendant represented by counsel, the court may, in the absence of an objection by the people, issue an order dispensing with the requirement that the defendant be personally present at trial. Such an order may be made only upon the filing of a written and subscribed statement by the defendant declaring that he waives his right to be personally present at the trial and authorizing his attorney to conduct his defense.

3. A defendant who conducts himself in so disorderly and disruptive a manner that his trial cannot be carried on with him in the courtroom may be removed from the courtroom if, after he has been warned by the court that he will be removed if he continues such conduct, he continues to engage in such conduct.


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