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PEOPLE v. MARTIN

No. 15.

16 N.Y.3d 607 (2011)

949 N.E.2d 491

925 N.Y.S.2d 400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROY MARTIN, Also Known as REALITY MARTIN, Appellant.

Court of Appeals of New York.

Decided May 10, 2011.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( Katherine A. Levine and Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Sholom J. Twersky , Leonard Joblove and Victor Barall of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

The issue presented for our determination is whether defendant's right to a public trial was violated when the trial judge sua sponte closed the courtroom, specifically ejecting defendant's father during voir dire without considering any alternative accommodations. We hold that such an action violated defendant's right to a public trial and warrants reversal.

Defendant was arrested on November 19, 2006. He was subsequently...

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