N.Y. Comp. Codes R. & Regs. tit. 22 § 702.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 702.4 - Restraint of defendant

(a) If a defendant engages in disruptive conduct in the course of the trial and the trial judge determines not to take action under the preceding sections, he may order the defendant to be physically restrained in the courtroom while his trial continues.

(b) However, the trial judge shall not direct the restraint authorized in the preceding subdivision unless he shall have first warned the defendant, following his disruptive conduct, that any further misconduct by him will lead to his physical restraint in the courtroom.

(c) The physical restraint of the defendant shall be terminated immediately upon a determination by the court that the defendant is not likely to engage in further disruptive conduct.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 702.4