People v. Dones

Appellate Division of the Supreme Court of New York

People v. Dones

220 A.D.2d 267, 632 N.Y.S.2d 116, 1995 N.Y. App. Div. LEXIS 10038

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 12, 1995

StatusPublished

Cited by2 cases

This text of 220 A.D.2d 267 (People v. Dones) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dones, 220 A.D.2d 267, 632 N.Y.S.2d 116, 1995 N.Y. App. Div. LEXIS 10038 (N.Y. Ct. App. 1995).

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Opinion

—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered November 17, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 7 to 14 years, unanimously modified as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 5 to 10 years, and otherwise affirmed.

Closure of the courtroom during the undercover officer’s testimony, except to members of defendant’s family, the press, and the Bar, was properly based on a showing that the officer was still actively engaged in undercover work in the Brooklyn area of defendant’s arrest, which was easily accessible from the Manhattan courthouse where the officer was to testify, and that the officer had reasonable fears for her safety were her identity to become known (see, People v Martinez, 82 NY2d [268]*268436, 443; People v Miller, 190 AD2d 609, Iv denied 81 NY2d 974).

We find the sentence excessive to the extent indicated. Concur—Murphy, P. J., Rubin, Kupferman and Williams, JJ.

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—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered November 17, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 7 to 14 years, unanimously modified as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 5 to 10 years, and otherwise affirmed.

Closure of the courtroom during the undercover officer’s testimony, except to members of defendant’s family, the press, and the Bar, was properly based on a showing that the officer was still actively engaged in undercover work in the Brooklyn area of defendant’s arrest, which was easily accessible from the Manhattan courthouse where the officer was to testify, and that the officer had reasonable fears for her safety were her identity to become known (see, People v Martinez, 82 NY2d [268]*268436, 443; People v Miller, 190 AD2d 609, Iv denied 81 NY2d 974).

We find the sentence excessive to the extent indicated. Concur—Murphy, P. J., Rubin, Kupferman and Williams, JJ.

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Bluebook (online)

220 A.D.2d 267, 632 N.Y.S.2d 116, 1995 N.Y. App. Div. LEXIS 10038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dones-nyappdiv-1995.

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