PEOPLE v. VARELA


22 A.D.3d 264 (2005)

804 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONNIE VARELA, Appellant.

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

October 11, 2005.


Under the circumstances presented, defendant did not preserve his argument that the court violated his right to a public trial by excluding his family members from the courtroom during a portion of jury selection. Although there were colloquies concerning whether the family members were potential witnesses and whether they could be in the courtroom during testimony, the court made a separate determination, upon the arrival of a panel of prospective jurors, that the "family...

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