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People v. Oliphant

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1999
258 A.D.2d 536 (N.Y. App. Div. 1999)

Opinion

February 8, 1999

Appeal from the Supreme Court, Kings County (Wade, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court considered reasonable alternatives to closure of the courtroom during the testimony of the undercover officers and the measures it adopted were narrowly tailored to protect the People's interests in guarding the identities of the undercover officers ( see, People v. Ramos, 90 N.Y.2d 490, cert denied sub nom. Ayala v. State of New York, 522 U.S. 1002; People v. Pearson, 82 N.Y.2d 436). Rather than close the courtroom, the court posted a court officer outside the courtroom, who was instructed to obtain the names and addresses of those who wished to enter and the purpose for their presence in the courtroom. Moreover, the defendant's family and the defense counsel's colleague were permitted to remain in the courtroom. Accordingly, the defendant's right to a public trial was not violated ( see, People v. Brown, 243 A.D.2d 641; People v. Diaz, 237 A.D.2d 457).

Miller, J. P., Ritter, Goldstein and Luciano, JJ., concur.


Summaries of

People v. Oliphant

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1999
258 A.D.2d 536 (N.Y. App. Div. 1999)
Case details for

People v. Oliphant

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK OLIPHANT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 8, 1999

Citations

258 A.D.2d 536 (N.Y. App. Div. 1999)
683 N.Y.S.2d 889

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