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PEOPLE v. BROWN

274 A.D.2d 609 (2000)

710 N.Y.S.2d 194

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

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

Decided July 6, 2000.

Crew III, J.

Prior to trial, both the prosecutor and defense counsel stipulated to the exclusion of witnesses and Supreme Court so ordered. Thereafter, defendant's 13-year-old daughter, an alibi witness, apparently was present in the courtroom throughout much of the People's case. Consequently, the People moved to preclude her testimony, which motion was granted. Defendant appeals contending, inter alia, that Supreme...

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