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People v. James

Appellate Division of the Supreme Court of New York, First Department
Jul 11, 1996
229 A.D.2d 315 (N.Y. App. Div. 1996)

Summary

holding trial court's exclusion of defendant's eight-year old son and friend from courtroom denied defendant his constitutional right to public trial

Summary of this case from Downs v. Lape

Opinion

July 11, 1996

Appeal from the Supreme Court, Bronx County (John Stackhouse, J.).


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.


Summaries of

People v. James

Appellate Division of the Supreme Court of New York, First Department
Jul 11, 1996
229 A.D.2d 315 (N.Y. App. Div. 1996)

holding trial court's exclusion of defendant's eight-year old son and friend from courtroom denied defendant his constitutional right to public trial

Summary of this case from Downs v. Lape
Case details for

People v. James

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD JAMES, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 11, 1996

Citations

229 A.D.2d 315 (N.Y. App. Div. 1996)
645 N.Y.S.2d 300

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