{"jurisdiction": "us-ny", "code": "cpl", "section": "340.50", "citation": "CPL § 340.50", "heading": "Defendant's presence at trial", "text": ["§ 340.50  Defendant's presence at trial.", "1.  Except as provided in subdivision two or three, a defendant must be personally present during the trial.", "2.  On motion of a defendant represented by counsel, the court may, in the absence of an objection by the people, issue an order dispensing with the requirement that the defendant be personally present at trial. Such an order may be made only upon the filing of a written and subscribed statement by the defendant declaring that he waives his right to be personally present at the trial and authorizing his attorney to conduct his defense.", "3.  A defendant who conducts himself in so disorderly and disruptive a manner that his trial cannot be carried on with him in the courtroom may be removed from the courtroom if, after he has been warned by the court that he will be removed if he continues such conduct, he continues to engage in such conduct."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/340.50", "from_official_api": true, "plain_english": "- **1.** The defendant **must be personally present** during trial (except as subds. 2 and 3 allow). ★\n- **2.** On motion of a **counsel-represented** defendant, and **absent People's objection**, the court may **dispense with** the presence requirement — only on a **written, subscribed statement** by the defendant waiving presence and authorizing the attorney to conduct the defense. ★\n- **3.** A defendant who is so **disorderly and disruptive** that trial can't continue may be **removed** — but only **after being warned** that continued conduct means removal, and he continues. ★\n\n---\n\n**★ Exam hits:**\n- In this title, **\"information\" also includes** a simplified information, a prosecutor's information, and a **waived-to misdemeanor complaint** (§ 170.65).\n- **Two trial modes:** \"single judge trial\" (judge, no jury) is the **default**; a **misdemeanor** charged in an information gets a **jury trial** (Article 360) unless the defendant **waives** it before trial (§ 320.10(2)).\n- No **both/separate** trials: a jury-eligible defendant doesn't get a jury trial plus a separate single-judge trial, and the court can't order separate trials.\n- **Eligible youth** (no prior crime/YO) → **single judge trial** regardless.\n- A plea to an information is entered **in person orally** unless a **written waiver** lets counsel enter it; a **corporation** always pleads **by counsel**; agreed sentences go **on the record**.\n- Defendant **must be present** at trial — waiver by written statement (no People's objection), or **removal after warning** for disruptive conduct.\n- **Article 245 discovery** and **Article 250 defense notices** apply in local court too.\n\n\n---\n*Verbatim statute:* [[CPL - Article 340]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/340.50", "publisher": "Elyphived LLC"}