People v Torres

People v Torres 2012 NY Slip Op 07860 Decided on November 20, 2012 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 20, 2012
No. 235 SSM 39

[*1]The People & c., Appellant,

v

Vincent Torres, Respondent. (Appeal No. 1) -



The People & c., Appellant,

v

Vincent Torres, Respondent. (Appeal No. 2)




Submitted by Victoria M. White, for appellant.
Submitted by J. Scott Porter, for respondent.


MEMORANDUM:

The orders of the Appellate Division should be affirmed.

Defendant adequately preserved the argument that the exclusion of his wife from [*2]the courtroom violated his right to a public trial (see People v Alvarez, _NY3d_, 2012 NY Slip Op 07227, at *4 [2012]; see also People v Caban, 14 NY3d 369, 373 [2010]). The closure of the courtroom during jury selection was not trivial (see People v Martin, 16 NY3d 607, 613 [2011]).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, orders affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.
Decided November 20, 2012