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PEOPLE v. De LUCA

48 Misc.2d 712 (1965)

The People of the State of New York, Respondent, v. Anthony De Luca, Douglas Carr and Amelia Carr, Appellants.

Supreme Court, Appellate Term, First Department.

November 24, 1965

Attorney(s) appearing for the Case

Arnold E. Wallach for appellants. Frank S. Hogan, District Attorney (Robert B. Sperling of counsel) for respondent.

Concur — CAPOZZOLI, J. P., GOLD and HOFSTADTER, JJ.

Per Curiam.

The appellants were deprived of their right to a fair trial by the lower court's action in excluding them from the courtroom during the hearing on the motion to suppress, against their strenuous protests voiced by their counsel.

One accused of a crime is entitled to be present at every stage of the trial with free opportunity to defend (Ponzi v. Fessenden, 258 U.S. 254

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