People v. Garcia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s contention that the County Court improvidently exercised its discretion in removing him from the courtroom is without merit (see generally CPL 260.20; People v Byrnes, 33 NY2d 343 [1974]). The record shows that the defendant forfeited his right to be present at trial by engaging in disruptive behavior which caused his removal from the courtroom (see People v Sanchez, 7 AD3d 645, 646 [2004]) and “by deliberately absenting himself from the proceedings” when he refused to return to the courtroom (People v Jenkins, 45 AD3d 864, 865 [2007]; see People v Brooks, 75 NY2d 898 [1990];…
2Cases cited11 opinions
- People v. ByrnesNew York Court of Appeals · 1974
- People v. Van NorstrandNew York Court of Appeals · 1995
- People v. BurtonNew York Court of Appeals · 2006
- People v. BrooksNew York Court of Appeals · 1990
- People v. SanchezAppellate Division of the Supreme Court of the State of New York · 2004
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. PaigeAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BaxterAppellate Division of the Supreme Court of the State of New York · 2013
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2016
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2017
- People v. TateAppellate Division of the Supreme Court of the State of New York · 2013
5 more not listed; retrieve them via the Exa API.