PEOPLE v. HALES


281 A.D.2d 433 (2001)

721 N.Y.S.2d 257

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN HALES, Appellant.

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

Decided March 5, 2001.


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

The defendant correctly contends that his right to a public trial was violated by the exclusion of his mother from the courtroom during the jury charge. The defendant's counsel sufficiently objected to the trial court's sua sponte decision to exclude the defendant's mother, who had testified earlier in the case (see, CPL 470.05 [2]). The trial court's justification for the...

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