PEOPLE v. JAMES


284 A.D.2d 409 (2001)

728 N.Y.S.2d 166

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL JAMES, Appellant.

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

Decided June 11, 2001.


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

During the appellant's trial, the prosecutor requested that a spectator, who had been seen conferring with defense counsel, be removed from the courtroom because he was intimidating the prosecution witnesses. Defense counsel objected and asked for the basis of the prosecutor's allegations. The prosecutor indicated that the father of the deceased victim had informed her that a prior prosecution...

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