Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE C., APPELLANT, v. FRANK GARCIA, RESPONDENT.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Defendant "unquestionably apprised" the trial court of his wish to have his girlfriend and uncle attend his trial (see, People v Nieves, 90 N.Y.2d 426, 431 n*). Thus, defendant adequately preserved his partial closure argument for purposes of appellate review.

On the merits, although the trial court may have been justified in excluding the general public from the courtroom during the officers' testimony (see, People v Ramos, 90 N.Y.2d 490, 498), on this record, it was error to exclude defendant's girlfriend and uncle. At the Hinton hearings, the officers failed to address how their safety interest might be compromised by testifying in front of defendant's girlfriend or uncle. Indeed, the officers "never even mentioned" any of defendant's friends and family (see, People v Nieves, 90 N.Y.2d at 430, supra).

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum.

Use AI to get other relevant cases.

Comments

PEOPLE v. GARCIA
(Dec 19, 2000)