New York Court of Appeals

The People v. Corey Dunton

April 23, 2024

Summary

The Court of Appeals held that the trial court lawfully removed defendant from the courtroom during the verdict announcement without giving an additional warning because, under the circumstances, a warning was impracticable in light of defendant’s history of violence, courtroom conduct, and escalating outburst. Because the underlying removal claim lacked merit, appellate counsel was not ineffective for failing to raise it on direct appeal, and defendant did not establish ineffective assistance in the coram nobis proceeding. The Court reversed the Appellate Division’s order and remitted for consideration of the issues that court had not reached.