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People v. Gutierez

Court of Appeals of the State of New York
Sep 19, 1995
86 N.Y.2d 817 (N.Y. 1995)

Summary

reversing Appellate Division and ordering new trial where exclusion of defendant's “close family members was broader than constitutionally tolerable”

Summary of this case from Downs v. Lape

Opinion

Decided September 19, 1995

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Michael A. Corriero, J.

Jeffrey A. Udell, New York City, Richard M. Greenberg, and E. Joshua Rosenkranz for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Lisa H. Blitman of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered. Defendant was convicted, after a jury trial, of criminal sale of a controlled substance in the third degree. On appeal, defendant challenges the court's closure of the trial to the public during the undercover officer's testimony. The trial court erred in excluding defendant's family members from the courtroom. The record indicates that the trial court's closure of the courtroom excluding defendant's close family members was broader than constitutionally tolerable and, thus, constituted a violation of defendant's overriding right to a public trial (see, People v Martinez, 82 N.Y.2d 436, 444; People v Kin Kan, 78 N.Y.2d 54, 58; see also, Vidal v Williams, 31 F.3d 67, 69). Although the undercover officer indicated that he feared his life and ongoing drug investigations would be jeopardized, he never claimed to hold those fears with respect to defendant's wife and children and did not otherwise advance any valid ground for excluding defendant's family during the officer's testimony.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.


Summaries of

People v. Gutierez

Court of Appeals of the State of New York
Sep 19, 1995
86 N.Y.2d 817 (N.Y. 1995)

reversing Appellate Division and ordering new trial where exclusion of defendant's “close family members was broader than constitutionally tolerable”

Summary of this case from Downs v. Lape

In People v Gutierez (86 N.Y.2d at 818, supra), for example, the undercover officer testified that he feared that his life and ongoing buy-and-bust investigations would be jeopardized by open-court testimony.

Summary of this case from People v. Nieves
Case details for

People v. Gutierez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BLAS GUTIEREZ…

Court:Court of Appeals of the State of New York

Date published: Sep 19, 1995

Citations

86 N.Y.2d 817 (N.Y. 1995)
633 N.Y.S.2d 470
657 N.E.2d 491

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