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PEOPLE v. ARNOLD

48 A.D.3d 239 (2008)

850 N.Y.S.2d 447

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES ARNOLD, Appellant.

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

Decided February 7, 2008.

Defendant challenges the court's exclusion of his adult son during the testimony of an undercover officer. At a Hinton hearing, the People made a proper showing under Waller v Georgia (467 U.S. 39 [1984]) to justify exclusion of the general public. At least as a matter of federal constitutional law, "Waller does not demand a higher showing before excluding a defendant's friends and family" (Rodriguez v Miller,

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