New York Criminal Defendants Must Attend Their Trial

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 SECTION 340.50

SECTION 340.50

Defendant's presence at trial

Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE K, ARTICLE 340

§ 340.50 Defendant's presence at trial.

1. Except as provided in subdivision two or three, a defendant must
be personally present during the trial.

2. On motion of a defendant represented by counsel, the court may, in
the absence of an objection by the people, issue an order dispensing
with the requirement that the defendant be personally present at trial.
Such an order may be made only upon the filing of a written and
subscribed statement by the defendant declaring that he waives his right
to be personally present at the trial and authorizing his attorney to
conduct his defense.

3. A defendant who conducts himself in so disorderly and disruptive a
manner that his trial cannot be carried on with him in the courtroom may
be removed from the courtroom if, after he has been warned by the court
that he will be removed if he continues such conduct, he continues to
engage in such conduct.

Every criminal defendant in the state will get this warning:

(Published Aug. 2016)

To the defendant:

You have the right to be present in court at any proceeding including, in particular, a hearing and trial. Do you understand?

However, by your conduct, you can waive, give up, forfeit, or lose that right to be present.

Add if defendant is in jail:

If you deliberately refuse to come to court when required, or in any way deliberately obstruct or interfere with the effort to bring you to court, then, any proceeding in your case, including hearing, trial and, if you are convicted, sentence, can and will continue in your absence. Do you understand?

Add if defendant is at liberty:

If you deliberately fail to appear in court when required, then any proceeding in your case, including hearing, trial and, if you are convicted, sentence, can and will continue in your absence. A warrant for your arrest will be issued and you will be subject to separate prosecution and separate punishment for bail jumping no matter what happens in this case. Do you understand?

1. See People v Parker, 57 NY2d 136 (1982) (advising the defendant of the right to be present and the consequences of nonappearance is a predicate to a trial in absentia).