PEOPLE v. HOK MING CHAN


230 A.D.2d 165 (1997)

656 N.Y.S.2d 22

The People of the State of New York, Respondent, v. Hok Ming Chan, Appellant The People of the State of New York, Respondent, v. Ming Li, Appellant

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

April 10, 1997


Attorney(s) appearing for the Case

Hok Ming Chan, pro se, and Virginia A. LoPreto for Hok Ming Chan, appellant.

Elan Gerstmann of counsel (Edward S. Panzer, attorney), for Ming Li, appellant.

Morrie I. Kleinbart of counsel (Mark Dwyer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

RUBIN and NARDELLI, JJ., concur with SULLIVAN, J.; MURPHY, P. J., and ROSENBERGER, J., dissent in a separate opinion by ROSENBERGER, J.


SULLIVAN, J.

Since defendants' right to be present at the trial of this indictment was not violated by their exclusion from the jury room discussion concerning a partial closure of the courtroom during a portion of the complainant's hearing testimony and the resultant closure order was, in the circumstances, an appropriate exercise of discretion, we, unlike our dissenting colleagues, see no need for a remand...

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