New York statute
N.Y. Criminal Procedure Law § 340.50 — Defendant's presence at trial
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 340: Pre-trial Proceedings, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 340.50
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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