PEOPLE v. JOHNSON


37 N.Y.2d 778 (1975)

The People of the State of New York, Respondent, v. Kenneth Johnson, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1975.


Attorney(s) appearing for the Case

Kristin Booth Glen for appellant.

Eugene Gold, District Attorney (Robert C. Bernius of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed. The defendant's behavior in turning over a table and lying on the floor during the testimony of the identification witness, coupled with the defendant's clear and repeated requests to leave the courtroom and the Trial Judge's admonitions and explanation of the consequences were sufficient to constitute a waiver of his right to be present at trial (CPL 260...

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