N.Y. Comp. Codes R. & Regs. tit. 22 § 702.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 702.2 - Removal of disruptive defendant

(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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 702.2