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PEOPLE v. FULTON

202 A.D.2d 1042 (1994)

610 N.Y.S.2d 109

The People of the State of New York, Respondent, v. Nate Fulton, Appellant

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

March 11, 1994

Judgment unanimously affirmed.

Memorandum:

County Court did not err by imposing sentence upon defendant after he was removed from the courtroom. Although a defendant has the right to be present and heard at sentencing (CPL 380.40, 380.50), he forfeits that right by engaging in "obstreperous conduct" (People v Stroman, 36 N.Y.2d 939, 940; see also, People v Herrera, 160 A.D.2d 416

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