N.Y. Comp. Codes R. & Regs. tit. 22 § 604.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 604.3 - Conduct of criminal trial threatened by disruptive conduct

(a) Removal of disruptive defendant.

(1) 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.

(2) 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.

(3) 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.

(b) Communication between defendant and courtroom. If the defendant is removed from the courtroom under the provisions of paragraph (1) of subdivision (a) of this section, the trial judge shall make reasonable efforts to establish methods of communication linking the defendant with the courtroom while his trial is in progress. For such defendant the judge may provide methods of communication in any way suitable to the physical facilities of the courthouse and consonant with the goal of providing adequate communication to the courtroom and to defense counsel.

(c) Restraint of defendant.

(1) If a defendant engages in disruptive conduct in the course of the trial, and the trial judge determines not to take action under subdivision (a) of this section, the trial judge may order the defendant to be physically restrained in the courtroom while his trial continues.

(2) The trial judge shall not apply the restraints authorized in the preceding subdivision unless he has warned the defendant, following disruptive conduct by the defendant, that further misconduct will lead to the physical restraint of the defendant in the courtroom.

(3) 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 604.3