657 N.Y.S.2d 645 | N.Y. App. Div. | 1997
Judgment, Supreme Court, Bronx County (John Stackhouse, J.), rendered June 22, 1995, convicting defendant, after jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of from 121/2 to 25 years, unanimously reversed, on the law, and the matter remanded to Supreme Court for a new trial.
The only witness to testify on defendant’s behalf was his
On this appeal, defendant contends that, in excluding his wife from the courtroom during summation, the court violated his Sixth Amendment right to a public trial. As the testimony of the witness had been concluded, we discern no valid basis to exclude a family member from the courtroom (People v James, 229 AD2d 315, lv denied 88 NY2d 1021). Furthermore, despite defense counsel’s failure to specifically state his objection on Sixth Amendment grounds (People v Stephens, 84 NY2d 990, 992; People v Iannelli, 69 NY2d 684, cert denied 482 US 914), we regard the objection as sufficient to preserve the issue of the right to a public trial for appellate review (People v Martinez, 172 AD2d 428, 429; cf., People v Lopez, 185 AD2d 189, 190-191, lv denied 80 NY2d 975). "The error denied defendant his constitutional right to a public trial” (People v James, supra, at 316).
In view of this disposition, we do not reach defendant’s other contentions. Concur—Milonas, J. P., Rosenberger, Rubin, Williams and Andrias, JJ.