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re: Judge won't excuse Trump to attend Supreme Court arguments

Posted on 4/15/24 at 8:02 pm to
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/15/24 at 8:02 pm to
quote:


i thought since it wasnt a violent crime, and they claimed it to be a federal procedural crime, federal procedural crime laws you arent required to attend court except for the sentencing part?

i thought that was only mandatory for violent crimes?
The case is pending in a New York state trial court, not a federal court. State rules of procedure govern proceedings. The relevant state procedural rule states clearly and unambiguously that attendance is mandatory.
This post was edited on 4/15/24 at 8:15 pm
Posted by MFn GIMP
Member since Feb 2011
19486 posts
Posted on 4/16/24 at 5:39 am to
quote:

The case is pending in a New York state trial court, not a federal court. State rules of procedure govern proceedings. The relevant state procedural rule states clearly and unambiguously that attendance is mandatory..


I posted the relevant New York rule on page 1 but let me do that for you again because it says the Judge can grant the defendant to not have to be personally present.\

New York Civil Practice Law & Rules Section 340.50 LINK

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.
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