Court of Appeals of New York

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People v. Floyd, 137 SSM 2

The Appellate Division erred when it found that defendant failed to preserve his objection to his mother's exclusion from the courtroom and otherwise upheld defendant's convictions, where: 1) defense counsel properly preserved his objection by raising the issue to the trial court when given the opportunity to "make a record" before jury selection; 2) his statements "unquestionably apprised" the trial judge of the public trial constitutional rights at issue and the obligation to consider reasonable alternatives; and 3) this violation is per se prejudicial and requires a new trial.

Appellate Information

  • Decided 04/25/2013
  • Published 04/25/2013

Judges

Court

  • Court of Appeals of New York

Counsel

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