PEOPLE v. FRANCO


271 A.D.2d 383 (2000)

708 N.Y.S.2d 62

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL FRANCO, Appellant.

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

Decided April 27, 2000.


The court properly exercised its discretion in removing defendant from the courtroom during supplemental instructions to the jury. Defendant's extended pattern of disruption had reached a point where it was manifestly necessary to remove him in order to prevent the jury from being distracted by defendant's interruptions. Defendant had ignored repeated admonitions to behave (see, People v Byrnes, 33 N.Y.2d 343, 349-350), and his disruptive...

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