People v. Alvarez
20 N.Y.3d 75
NY2012Background
- Defendant challenged the exclusion of family members from voir dire as a violation of the right to a public trial.
- In Alvarez, the defense objected immediately after learning his parents were excluded; trial court denied mistrial and the appellate division remanded for resentencing after partial acquittals.
- In George, spectators were periodically excluded to reserve seats for jurors; defense did not object and trial proceeded.
- Lower courts held the public-trial claim unpreserved or meritless; review granted by this Court.
- Court held preservation is required, but Alvarez preserved the issue; George did not, leading to different outcomes.
- Remand ordered in Alvarez for a new trial; affirmation of the Appellate Division in George.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must a public-trial objection be preserved? | Alvarez: preserved; George: not preserved | George: preservation not required; Alvarez: preserved | Preservation required; Alvarez preserved, George not |
| Is a new trial the proper remedy for a preserved public-trial violation during voir dire? | Alvarez warranted mistrial and restart | Remedy unspecified | New trial ordered in Alvarez |
| May courts close voir dire without alternatives if needed for reliability or seating? | Closure justified by seating; no alternatives considered | Not explicitly stated | Courts must consider alternatives; closure requires overriding interest and findings |
Key Cases Cited
- Presley v. Georgia, 558 U.S. 209 (2010) (public-trial protections extended to voir dire; require alternatives to closure)
- Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984) (public access to voir dire; process importance)
- Martin, 16 NY3d 607 (2011) (trial court must consider alternatives to closure; open-trial obligation)
- Waller v. Georgia, 467 U.S. 39 (1984) (overbreadth of closure must be avoided; need narrowing findings)
- People v. Garcia, 95 N.Y.2d 946 (2000) (preservation required for constitutional errors)
- People v. Nieves, 90 N.Y.2d 426 (1997) (preservation principles for constitutional errors)