PEOPLE v. JAMES

The trial court erred in excluding defendant's eight-year-old son and a friend from the courtroom during summations and the charge to the jury. The prosecutor had objected to the child's presence on the ground that it was "a ploy to tug on the jurors' sympathy". The court responded: "Eight years old. I will not permit an eight year old to be here during my charge or the summations." The error denied defendant his constitutional right to a public trial ( People v. Gutierez, 86 N.Y.2d 817; People v Miller, 224 A.D.2d 638; People v. Cole, 207 A.D.2d 273, lv denied 84 N.Y.2d 867).

We note that, were we not reversing, we would find the sentence imposed to be excessive.

Concur — Murphy, P.J., Rosenberger, Rubin and Williams, JJ.