PEOPLE v. GUTIEREZ


86 N.Y.2d 817 (1995)

657 N.E.2d 491

633 N.Y.S.2d 470

The People of the State of New York, Respondent, v. Blas Gutierez, Appellant.

Court of Appeals of the State of New York.

Decided September 19, 1995.


Attorney(s) appearing for the Case

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.

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


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...

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