Legal Opinion
People v. Mitchell
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2010PublishedCited by 5 opinions
1Opinion of the Court
A defendant’s right to be present in the courtroom during his or her trial is one of the most basic rights guaranteed by the Federal and New York Constitutions, and by statute (see US Const, 6th Amend; NY Const, art I, § 6; CPL 260.20, 340.50; Illinois v Allen, 397 US 337, 338 [1970]; People v Parker, 57 NY2d 136 [1982]; People v Hendrix, 63 AD3d 958 [2009], lv denied 13 NY3d 797 [2009]). However, that right may be waived (see People v Parker, 57 NY2d at 139), and a defendant may forfeit his right to be present when his conduct “unambiguously indicates a defiance of the processes of law and…
2Cases cited7 opinions
- Illinois v. AllenSupreme Court of the United States · 1970
- People v. ParkerNew York Court of Appeals · 1982
- People v. SanchezAppellate Division of the Supreme Court of the State of New York · 2004
- People v. HendrixAppellate Division of the Supreme Court of the State of New York · 2009
- People v. JoynerAppellate Division of the Supreme Court of the State of New York · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. JuneAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ParkerAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PercerAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2016
- People v. JuneAppellate Division of the Supreme Court of the State of New York · 2014