PEOPLE v. OUTCALT


32 A.D.2d 971 (1969)

The People of the State of New York, Respondent, v. James Robert Outcalt, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 14, 1969


Judgment reversed, on the law, in the exercise of discretion and in the interests of justice, and new trial ordered. The findings of fact below are affirmed.

Although the right to a public trial (Code Crim. Pro., § 8, subd. 1; Civil Rights Law, § 12; cf. U. S. Const., 6th Amdt.) is not absolute, being "subject to the inherent power of the court to preserve order and decorum in the courtroom, to protect the rights of parties and witnesses, and generally to...

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