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PEOPLE v. ORTIZ

6 A.D.3d 731 (2004)

775 N.Y.S.2d 550

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR ORTIZ, Appellant.

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

April 26, 2004.

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

The People requested that the trial court exclude the defendant's brother from the courtroom on the ground that he might be a potential witness at trial. However, the defense counsel advised the trial court that he also represented the defendant's brother on a pending weapons misdemeanor case, and that the defendant's brother would invoke the Fifth Amendment

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