New York Consolidated Laws

N.Y. Criminal Procedure Law § 260.20 (2026)

Jury trial; defendant's presence at trial

✓ current as of May 2026

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§ 260.20  Jury trial; defendant's presence at trial.
  A defendant must be personally present during the trial of an
indictment; provided, however, that 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.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1996–2024 · leading case: Nichols v. Kelly, 923 F. Supp. 420 (W.D.N.Y. 1996).

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Nichols v. Kelly, 923 F. Supp. 420 (W.D.N.Y. 1996). · cites it 2× “New York’s Criminal Procedure Law § 260.20 requires that a defendant be present “during the trial of an indictment.”

People v. Hoey, 2016 NY Slip Op 7150 (N.Y. App. Div. 2016). “In New York, Criminal Procedure Law § 260.20 also provides that a defendant “must” be present during the trial of an indictment.”

Ponder v. Conway, 748 F. Supp. 2d 183 (W.D.N.Y. 2010). “First of all, this claim is factually baseless given his valid, signed waiver.”

Congelosi v. Miller, 611 F. Supp. 2d 274 (W.D.N.Y. 2009). “Antommarchi thus expanded the meaning of Criminal Procedure Law § 260.20, which requires a defendant to be present "during the trial of an indictment.”

Clark v. Poole, 440 F. Supp. 2d 235 (W.D.N.Y. 2006). “Under New York law, a defendant is entitled, pursuant to Criminal Procedure Law § 260.20, to be present at sidebar discussions when the merits of the case or “prospective jurors’ backgrounds and their ability to weigh the evidence objectively” are discussed.”

People v. Sharp, 2024 NY Slip Op 05132 (NY 2024). · cites it 2× “Criminal Procedure Law § 260.20 requires that "[a] defendant must be personally present during the trial of an indictment.”

People v. Lafontaine, 190 Misc. 2d 565 (N.Y. Sup. Ct. 2002). “Thus, this court is required to determine whether defendant, by his actions and by his communication with the court by cellular telephone, effectively waived his right to be present for the balance of the trial proceedings. A defendant’s right to be present at a criminal trial…”

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