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PEOPLE v. FRANK GARCIA

95 N.Y.2d 946 (2000)

___ N.E.2d ___

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRANK GARCIA, Respondent.

Court of Appeals of the State of New York.

Decided December 19, 2000.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Karen Heiss Eisen of counsel), for appellant.

Legal Aid Society, New York City (Nancy E. Little and M. Sue Wycoff of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant "unquestionably apprised" the trial court of his wish to have his girlfriend and uncle attend his trial (see, People v Nieves, 90 N.Y.2d 426, 431, n). Thus, defendant adequately preserved his partial closure argument for purposes of appellate review.

On the merits, although the trial court may have...

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