New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter B - Second Judicial Department
Article 1 - Appellate Division
Subarticle B - Special Rules
Part 702 - Conduct Of Criminal Trial Threatened By Disruptive Conduct
Section 702.2 - Removal of disruptive defendant
Current through Register Vol. 46, No. 39, September 25, 2024
(a) If a defendant engages in disruptive conduct by word or action in the courtroom in the course of his trial, the trial judge may order the defendant to be removed from the courtroom and placed in custody, and the trial judge may proceed with the trial in the absence of the defendant.
(b) The trial judge may not exclude the defendant except after warning that further disruptive conduct will lead to removal of the defendant from the courtroom.
(c) The defendant shall be returned to the courtroom immediately upon a determination by the court that the defendant is not likely to engage in further disruptive conduct.
