§Why CasetextPricing

The People, Respondent,v.Andrew Moss, Appellant.

Brief

18 Cited authorities

  1. Waller v. Georgia

    467 U.S. 39 (1984)   Cited 2,091 times   14 Legal Analyses
    Holding that a defendant's public trial right was violated even though the district court released a transcript of the closed proceedings to the public

  2. Press-Enterprise Co. v. Superior Court of California

    464 U.S. 501 (1984)   Cited 1,764 times   10 Legal Analyses
    Holding that media have a right of access to voir dire

  3. Presley v. Georgia

    558 U.S. 209 (2010)   Cited 633 times   8 Legal Analyses
    Holding that the Sixth Amendment applies to jury selection

  4. Richmond Newspapers, Inc. v. Virginia

    448 U.S. 555 (1980)   Cited 1,647 times   12 Legal Analyses
    Holding that criminaltrials must be open to the public

  5. People v. Martinez

    82 N.Y.2d 436 (N.Y. 1993)   Cited 229 times
    In Martinez the New York Court of Appeals in discussing Waller's third prong and rejecting defendant's contention that the court in closing the courtroom during the undercover officer's testimony should have asked the defendant to name family members or others who could have been admitted, emphasized that "[d]efendant's sole objection and the entire argument before the trial court was concentrated on the sufficiency of the People's showing for closure."

  6. People v. Kan

    78 N.Y.2d 54 (N.Y. 1991)   Cited 240 times
    Finding that the closure of the court including the exclusion of defendant's family during the testimony of an accomplice cooperating witness violated defendant's right to a public trial, given that the witness had previously testified in front of defendant's parents, had testified that he did not fear defendant's family, and defendant had a greater interest in having her family present because of a language barrier

  7. People v. Ramos

    90 N.Y.2d 490 (N.Y. 1997)   Cited 183 times
    Approving partial closure

  8. People v. Hinton

    31 N.Y.2d 71 (N.Y. 1972)   Cited 331 times
    Holding the exclusion of the public during undercover agent testimony did not violate defendant's right to a public trial because it was necessary to safeguard the testifying agent's life if his identity were exposed

  9. People v. Jones

    47 N.Y.2d 409 (N.Y. 1979)   Cited 197 times
    In People v Jones (47 N.Y.2d 409, cert denied 444 U.S. 946), we overturned the trial court's discretionary closure, which had been ordered as a matter of judicial notice that undercover narcotics work in New York City was dangerous.

  10. People v. Jones

    96 N.Y.2d 213 (N.Y. 2001)   Cited 62 times
    Upholding partial closure caused by screening mechanism where court officer posted outside courtroom during undercover officer's testimony

  11. Section 220.39 - Criminal sale of a controlled substance in the third degree

    N.Y. Penal Law § 220.39   Cited 1,117 times   2 Legal Analyses

    A person is guilty of criminal sale of a controlled substance in the third degree when he knowingly and unlawfully sells: 1. a narcotic drug; or 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or 3. a stimulant and the stimulant weighs one gram or more; or 4. lysergic acid diethylamide and the lysergic acid diethylamide

  12. Section 4 - [Effective Until 9/1/2024] Sittings of courts to be public

    N.Y. Jud. Law § 4   Cited 249 times
    Stating that, absent exceptions not relevant here, “[t]he sittings of every court within this state shall be public, and every citizen may freely attend the same....”

  13. Section 12 - Rights of persons accused of crime

    N.Y. Civ. Rights Law § 12   Cited 205 times
    Guaranteeing right to a public trial in state bill of rights