PEOPLE v. DANIELS


237 A.D.2d 529 (1997)

655 N.Y.S.2d 582

The People of the State of New York, Respondent, v. Calvin Daniels, Appellant

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

March 24, 1997


Ordered that the judgment is modified, on the law, by vacating the sentence imposed for the crime of criminal possession of a controlled substance in the seventh degree; as so modified, the judgment is affirmed.

Under the circumstances of this case, we find that the defendant's right to a public trial was not violated by the court's exclusion of a toddler, apparently the defendant's child. The court permitted other family members to remain in the courtroom and its...

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