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PEOPLE v. GRAY
Appellate Division of the Supreme Court of New York, Second Department.
Jan 25, 1988
Ordered that the judgment is affirmed.
The defendant's sole contention, raised for the first time on appeal, is that locking the courtroom while the court instructed the jury constituted a closure in violation of his right (see, US Const 6th, 14th Amends; Judiciary Law ยง 4) to an open and public trial. His claim is unpreserved for appellate review and, in any event, is without merit. We recently expressed our view that the procedure the defendant challenges is "simply the exercise by the trial court of its power to impose a reasonable limitation on access to the courtroom so as to maintain a quiet and orderly atmosphere for a trial" (People v Zenger, 134 A.D.2d 640, 641). Mangano, J.P., Brown, Rubin and Harwood, JJ., concur.
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