People v Campbell

People v Campbell 2009 NY Slip Op 04438 [63 AD3d 754] June 2, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 5, 2009

The People of the State of New York, Respondent,
v
Dejuma Campbell, Appellant.

—[*1] Steven Banks, New York, N.Y. (Steven R. Berko of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.), rendered July 13, 2006, convicting him of criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has failed to demonstrate that he possesses the requisite standing (cf. Powers v Ohio, 499 US 400, 410-415 [1991]) to assert that the public's First Amendment right to attend his trial was violated as a result of the procedures employed by the trial court in conducting a Hinton hearing in this case (see People v Hinton, 31 NY2d 71 [1972], cert denied 410 US 911 [1973]). Mastro, J.P., Covello, Eng and Leventhal, JJ., concur.