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PEOPLE v. SPENCE

239 A.D.2d 218 (1997)

657 N.Y.S.2d 645

The People of the State of New York, Respondent, v. John Spence, Appellant

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

May 15, 1997

The only witness to testify on defendant's behalf was his wife. After conclusion of her testimony, the defense rested, and counsel asked that the witness be permitted to remain in the courtroom during summation. The court responded that she could not. Defense counsel voiced his objection, stating, "There's not going to be any more testimony. If she wasn't a witness, she would have been entitled to sit in this courtroom throughout...

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