You are here: / / DEFENDANT’S FAMILY IMPROPERLY EXCLUDED FROM THE COURTROOM, CONVICTION...

DEFENDANT’S FAMILY IMPROPERLY EXCLUDED FROM THE COURTROOM, CONVICTION REVERSED.

The First Department reversed defendant’s conviction, finding that defendant’s family was improperly excluded from the courtroom:

Defendant’s family members were improperly excluded from the closed courtroom during the testimony of an undercover officer. It is undisputed that the evidence presented at a Hinton hearing did not demonstrate that the “exclusion of [defendant’s family members was] necessary to protect the interest advanced by the People in support of closure” … . The People ask us to interpret the record as indicating that the court did not, in fact, exclude defendant’s relatives. While the record arguably presents a degree of ambiguity in this regard, in that both the prosecutor, in the course of his argument about the officer’s efforts to conceal his identity, and the court, in discussing its decision, mentioned “the general public,” these ambiguous and equivocal indications are insufficient to persuade us that defendant’s family members were in fact allowed to be present.

The prosecutor requested that the courtroom be closed “entirely,” without making any specific provision for family members, and asserted that the closure requested was not “overly broad.” Defense counsel specifically asserted the right of the family members to be present. The court then granted the People’s application, making no specific allowance or arrangements for the family members to attend. Under these circumstances, we cannot fairly read the record to indicate that the presence of family members was permitted. People v Moore, 2016 NY Slip Op 08447, 1st Dept 12-15-16

 

CRIMINAL LAW (DEFENDANT’S FAMILY IMPROPERLY EXCLUDED FROM THE COURTROOM, CONVICTION REVERSED)/CLOSURE OF COURTROOM (DEFENDANT’S FAMILY IMPROPERLY EXCLUDED FROM THE COURTROOM, CONVICTION REVERSED)

You might also like
Part Performance Exception to the Statute of Frauds Does Not Apply to Contracts Which Cannot Be Performed Within One Year
THE FACT THAT PLAINTIFF WAS SPECIFICALLY TARGETED FOR A HOME INVASION DID NOT PRECLUDE A FINDING THAT INADEQUATE BUILDING SECURITY WAS A PROXIMATE CAUSE (FIRST DEPT).
THE CITY IS NOT ENTITLED TO GOVERNMENTAL FUNCTION IMMUNITY WHEN ENGAGED IN THE PROPRIETARY FUNCTION OF MAINTAINING ROADS; IN THE ABSENCE OF A STUDY TO DETERMINE THE RISKS OF A HIGHWAY DESIGN, THE CITY IS NOT ENTITLED TO QUALIFIED IMMUNITY; THERE WAS A QUESTION OF FACT WHETHER THE ABSENCE OF SIGNS AND ROADWAY MARKINGS WAS A PROXIMATE CAUSE OF THE INTERSECTION TRAFFIC ACCIDENT (FIRST DEPT).
Court Must Consider Whether Both Parties, Not Only the Bank, Have Negotiated in Good Faith in the Mandatory Pre-Foreclosure Settlement Conferences (Re: Possible Modification of the Terms of a Mortgage Subject to Foreclosure)—Under the Totality of the Circumstances, Supreme Court’s Finding that the Bank Did Not Negotiate in Good Faith Was Not Supported
THE DUCT ON THE FLOOR WAS AN INTEGRAL PART OF THE DEMOLITION WORK, THEREFORE LABOR LAW 241 (6) DID NOT APPLY; THE DEFENDANT DID NOT SUPERVISE OR CONTROL PLAINTIFF’S WORK, THEREFORE LABOR LAW 200 DID NOT APPLY (FIRST DEPT).
DNA Evidence Which Excluded Defendant Was Not Enough to Warrant Vacation of Conviction, or Even a Hearing on the Motion to Vacate
NEW YORK COURTS HAVE JURISDICTION OVER A NEW JERSEY RADIOLOGIST IN THIS MISDIAGNOSIS MEDICAL MALPRACTICE ACTION PURSUANT TO TWO PROVISIONS OF CPLR 302(a) (FIRST DEPT).
THE SECOND DEGREE MURDER COUNTS SHOULD HAVE BEEN DISMISSED AS INCLUSORY CONCURRENT COUNTS OF THE FIRST DEGREE MURDER COUNTS (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DENIALS OF PETITIONER’S REQUESTS FOR DOCUMENTS AND WITNESSES WERE PRESERVED... SUPPRESSION NOT RULED ON BELOW COULD NOT BE CONSIDERED ON APPEAL, STRIP AND...