PEOPLE v. BYAS


173 A.D.2d 314 (1991)

The People of the State of New York, Respondent, v. Walter Byas, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 16, 1991


Defendant knowingly and voluntarily waived his right to be present at the hearing and trial by his abusive behavior directed toward his appointed counsel and the court, by insisting that he did not wish to be present, and by stating that he would continue to "act up" if compelled to remain in the courtroom (Snyder v Massachusetts, 291 U.S. 97).

The trial court properly denied defendant's eleventh hour

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