PEARSON v. JAMES

No. 1669, Docket 95-2801.

105 F.3d 828 (1997)

Howard PEARSON, Petitioner-Appellant, v. Charles JAMES, Superintendent of Collins Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 30, 1997.


Attorney(s) appearing for the Case

Diane E. Courselle, New York City (E. Joshua Rosenkranz, Joseph M. Nursey, Office of the Appellate Defender, New York City, on the brief), for petitioner-appellant.

Louis L. Bono, Asst. Atty. Gen., New York City (Dennis C. Vacco, N.Y. State Atty. Gen., Barbara Gott Billet, Darrell M. Joseph, Office of the N.Y. State Atty. Gen., New York City, on the brief), for respondent-appellee.

Before: NEWMAN, Chief Judge, JACOBS and CABRANES, Circuit Judges.


JON O. NEWMAN, Chief Judge:

In Ayala v. Speckard, 89 F.3d 91 (2d Cir.), modified on denial of rehearing, 102 F.3d 649 (2d Cir.1996), this Court ruled that a defendant's constitutional right to a public trial is violated when a trial judge closes a courtroom for a valid reason but fails to consider, on his own motion, alternatives to closure that would adequately protect the state interest...

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