SOTO v. REYNOLDS

No. 98 Civ. 6743 LAK.

64 F.Supp.2d 331 (1999)

Geraldo SOTO, Petitioner, v. Edward REYNOLDS, Superintendent, Mohawk Correctional Facility, et ano., Respondents.

United States District Court, S.D. New York.

September 13, 1999.


Attorney(s) appearing for the Case

Lawrence T. Hausman, the Legal Aid Society, Criminal Appeals Bureau, for petitioner.

Efrem Z. Fischer, Assistant Attorney General, Eliot Spitzer, Attorney General of the State of New York, for respondents.


MEMORANDUM OPINION

KAPLAN, District Judge.

Petitioner, Geraldo Soto, seeks a writ of habeas corpus, alleging that closure of the courtroom during certain pre-trial and trial proceedings in the state court violated his Sixth and Fourteenth Amendment right to a public trial.

Facts

The facts of the case are undisputed. Petitioner was arrested on August 27, 1993, near 10th Avenue and 48th Street during a "buy and bust" operation. That...

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