People v. Fulton

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATE FULTON, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 11, 1994

202 A.D.2d 1042 (N.Y. App. Div. 1994)

610 N.Y.S.2d 109

Opinion

March 11, 1994

Appeal from the Oneida County Court, Buckley, J.

Present — Balio, J.P., Lawton, Doerr, Davis and Boehm, JJ.

Judgment unanimously affirmed. Memorandum: County Court did not err by imposing sentence upon defendant after he was removed from the courtroom. Although a defendant has the right to be present and heard at sentencing (CPL 380.40, 380.50 Crim. Proc.), he forfeits that right by engaging in "obstreperous conduct" (People v. Stroman, 36 N.Y.2d 939, 940; see also, People v. Herrera, 160 A.D.2d 416, lv denied 76 N.Y.2d 789). The conduct of defendant at sentencing was sufficiently "obstreperous" to effect a forfeiture of his right to be present.

The contention that defendant's sentence is harsh and excessive is without merit.