Section 340.50. Defendant's presence at trial


Latest version.
  • 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.