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PEOPLE v. ALVAREZ

Nos. 168, 169.

20 N.Y.3d 75 (2012)

955 N.Y.S.2d 846

2012 NY Slip Op 7227

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS ALVAREZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM GEORGE, Appellant.

Court of Appeals of New York.

Decided October 30, 2012.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( Kendra L. Hutchinson and Lynn W.L. Fahey of counsel), for appellant in the first above-entitled action.

Richard A. Brown , District Attorney, Kew Gardens ( Danielle Hartman and John M. Castellano of counsel), for respondent in the first above-entitled action.

Appellate Advocates, New York City ( Denise A. Corsí and Lynn W.L. Fahey of counsel), for appellant in the second above-entitled action.

Charles J. Hynes , District Attorney, Brooklyn ( Sholom J. Twersky , Leonard Joblove and Victor Barall of counsel), for respondent in the second above-entitled action.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The question presented by these appeals is whether a defendant must preserve the argument that he was deprived of the right to a public trial when his family members were excluded from the courtroom during a portion of voir dire. Because we find that preservation is required, we must affirm in George. However, since the issue was adequately preserved in Alvarez, we reverse and remit the matter to Supreme...

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