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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 340.50: Defendant's presence at trial

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Where this section sits in the code
  1. Criminal Procedure Law
  2. Part 2. The Principal Proceedings
  3. Title K. Prosecution of Informations In Local Criminal Courts-plea to Sentence
  4. Article 340. Pre-trial Proceedings

§ 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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