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People v. Baldwin

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 2000
277 A.D.2d 134 (N.Y. App. Div. 2000)

Opinion

November 28, 2000.

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered April 7, 1997, convicting defendant, after a jury trial, of auto stripping in the second degree and possession of burglar's tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.

Barbara Jane Hutter, for respondent.

Barbara D. Diggs, for defendant-appellant.

Before: Sullivan, P.J., Rubin, Saxe, Buckley, Friedman, JJ.


The court properly exercised its discretion in removing defendant from the courtroom during the suppression hearing. Defendant continually disrupted the hearing despite repeated warnings to cease his outbursts. Although the court did not specifically warn defendant that continued misconduct would result in removal (see, CPL 260.20), such a warning was unnecessary under the circumstances. Moreover, defendant's outbursts included an explicit demand to be removed. We have considered and rejected defendant's remaining claims.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Baldwin

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 2000
277 A.D.2d 134 (N.Y. App. Div. 2000)
Case details for

People v. Baldwin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY BALDWIN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 28, 2000

Citations

277 A.D.2d 134 (N.Y. App. Div. 2000)
717 N.Y.S.2d 112

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