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PEOPLE v. MITCHELL

2006-03725

69 A.D.3d 761 (2010)

894 N.Y.S.2d 60

2010 NY Slip Op 285

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DESMOND MITCHELL, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 12, 2010.

Ordered that the judgment is affirmed.

A defendant's right to be present in the courtroom during his or her trial is one of the most basic rights guaranteed by the Federal and New York Constitutions, and by statute (see US Const, 6th Amend; NY Const, art I, § 6; CPL 260.20, 340.50; Illinois v Allen, 397 U.S. 337, 338 [1970]; People v Parker, 57 N.Y.2d 136 [1982]; People...

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