PEOPLE v. FULTON

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.