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PEOPLE v. SERRANO

274 A.D.2d 594 (2000)

711 N.Y.S.2d 485

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID SERRANO, Appellant.

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

Decided July 31, 2000.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

After a Hinton hearing (see, People v Hinton, 31 N.Y.2d 71, cert denied 410 U.S. 911), the trial court improperly excluded from the courtroom spectators that the defendant asserted were his "common law wife" and two children. The People failed to demonstrate a substantial probability that...

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