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PEOPLE v. MILLER

224 A.D.2d 639 (1996)

639 N.Y.S.2d 50

The People of the State of New York, Respondent, v. Bobsy Miller, Appellant

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

February 20, 1996

Ordered that the judgment under Indictment No. 3753/91 is reversed, on the law, and a new trial is ordered; and it is further,

Ordered that the judgment under Indictment No. 6140/91 is affirmed.

We agree with the defendant that the trial court improperly excluded his children from the courtroom merely because they were under 12 years of age. This denied the defendant his right to a public trial and the conviction under Indictment No. 3753/91 must be reversed...

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