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People v. Morales

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 595 (N.Y. App. Div. 1997)

Opinion

June 16, 1997

Appeal from the Supreme Court, Kings County (Lebowitz, J.).


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant contends, and the People correctly concede, that he was denied his right to a public trial because the Supreme Court excluded from the courtroom his attorney's Legal Aid Society supervisor during the testimony of an undercover police officer.

When the defendant's trial counsel sought to have his supervisor present in the courtroom, the People failed to meet their burden of proving that the supervisor "somehow jeopardized an overriding interest of the undercover police officer", and the trial court failed to make findings to support that conclusion ( People v. Bess, 220 A.D.2d 603, 604; People v. Mercer, 204 A.D.2d 741). We note that Bess and Mercer were decided well before the trial in this case. The defendant is entitled to a new trial ( see, People v. Scott, 237 A.D.2d 544).

Bracken, J.P., Rosenblatt, Ritter and Luciano, JJ., concur.


Summaries of

People v. Morales

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 595 (N.Y. App. Div. 1997)
Case details for

People v. Morales

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO MORALES…

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

Date published: Jun 16, 1997

Citations

240 A.D.2d 595 (N.Y. App. Div. 1997)
658 N.Y.S.2d 450

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