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 702.4 - Restraint of defendant
Current through Register Vol. 46, No. 39, September 25, 2024
(a) If a defendant engages in disruptive conduct in the course of the trial and the trial judge determines not to take action under the preceding sections, he may order the defendant to be physically restrained in the courtroom while his trial continues.
(b) However, the trial judge shall not direct the restraint authorized in the preceding subdivision unless he shall have first warned the defendant, following his disruptive conduct, that any further misconduct by him will lead to his physical restraint in the courtroom.
(c) The physical restraint of the defendant shall be terminated immediately upon a determination by the court that the defendant is not likely to engage in further disruptive conduct.
