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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARNELL MANNING, Also Known as DARNELL SMITH, Appellant.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of accessorial liability ( see, People v. Kaplan, 76 N.Y.2d 140).

As the People correctly concede, the court's closure of the courtroom, over objection, to defendant's aunts was error since the People made no showing to warrant such exclusion ( see, People v. Gutierez, 86 N.Y.2d 817).

Concur — Lerner, J. P., Rubin, Mazzarelli and Andrias, JJ.

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PEOPLE v. MANNING
(Feb 4, 1999)