PEOPLE v. BALDWIN (2000)

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

The PEOPLE of the State of New York, Respondent, v. Anthony BALDWIN, Defendant-Appellant.

Decided: November 28, 2000

SULLIVAN, P.J., RUBIN, SAXE, BUCKLEY and FRIEDMAN, JJ.

Barbara Jane Hutter, for Respondent. Barbara D. Diggs, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered April 7, 1997, convicting defendant, after a jury trial, of auto stripping in the second degree and possession of burglar's tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.

The court properly exercised its discretion in removing defendant from the courtroom during the suppression hearing. Defendant continually disrupted the hearing despite repeated warnings to cease his outbursts. Although the court did not specifically warn defendant that continued misconduct would result in removal (see, CPL 260.20), such a warning was unnecessary under the circumstances. Moreover, defendant's outbursts included an explicit demand to be removed. We have considered and rejected defendant's remaining claims.

MEMORANDUM DECISION.

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