People v. Tucker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, he was not deprived of his constitutional right to be present at all stages of his trial. Despite being warned of the importance of being present in the courtroom, *878defendant repeatedly insisted that he did not wish to remain and thus waived his right to be present. In addition, defendant forfeited the right to be present by engaging in disruptive behavior (see, People v Lewis, 231 AD2d 919, lv denied 89 NY2d 1096; see also, People v Byrnes, 33 NY2d 343, 349-350; People v Gloster, 175 AD2d 258, lv denied 78…
2Cases cited14 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- People v. HernandezNew York Court of Appeals · 1990
- People v. SawyerNew York Court of Appeals · 1982
- People v. ByrnesNew York Court of Appeals · 1974
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3Cited by6 opinions
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- People v. NeubauerAppellate Division of the Supreme Court of the State of New York · 2002
- PRESCOTT, TYRONE, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- People v. PrescottAppellate Division of the Supreme Court of the State of New York · 2015
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