People v McCoy
Annotate this CaseDecided on March 26, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
2011-04433
(Ind. No. 1728/10)
[*1]The People of the State of New York, respondent,
v
Jamel McCoy, appellant.
Judah Maltz, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y.
(John M. Castellano, Nicoletta J.
Caferri, and Merri Turk Lasky of
counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered April 18, 2011, convicting him of criminal possession of a weapon in the second degree (four counts) and conspiracy in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is reversed, on the law, and a new trial is ordered.
For the reasons stated in connection with the appeal of a codefendant in People v Thomas (AD3d [decided herewith]), the judgment of conviction must be reversed, and a new trial ordered.
Since a new trial is being ordered, we note that the defendant's contention that the Supreme Court's closure of the courtroom during the testimony of an undercover officer deprived him of his right to a public trial is without merit (see People v Echevarria, 21 NY3d 1, 19, cert denied sub nom. Johnson v New York,_ ______ US _______, 134 S Ct 823; People v Frost, 100 NY2d 129, 137; People v Ramos, 90 NY2d 490, 494, cert denied sub nom. Ayala v New York 522 US 1002). Furthermore, the defendant's contention, raised in Point III of his main brief, is without merit. The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
RIVERA, J.P., BALKIN, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
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