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This entry was published on 2014-09-22
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SECTION 340.50
Defendant's presence at trial
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE K, ARTICLE 340
§ 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.