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PEOPLE v. IRICK

Ind. No. 3869/15. Appeal No. 15505. Case No. 2019-4515.

203 A.D.3d 517 (2022)

163 N.Y.S.3d 530

2022 NY Slip Op 01744

The People of the State of New York, Respondent, v. Wilbur Irick, Appellant.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( John L. Palmer of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Vincent Rivellese of counsel), for respondent.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.

The hearing court providently exercised its discretion in removing defendant from the courtroom during the suppression hearing based on defendant's disruptive behavior, including throwing himself on the floor (see People v Baldwin, 277 A.D.2d 134, 135 [1st Dept 2000], lv denied 96 N.Y.2d 780 [2001]). The totality of the court's interchanges with defendant were sufficient to warn him that if he persisted in his announced plan...

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