People v. Roundtree

Appellate Division of the Supreme Court of New York

People v. Roundtree

234 A.D.2d 58, 650 N.Y.S.2d 558, 1996 N.Y. App. Div. LEXIS 12311

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

DecidedDecember 5, 1996

StatusPublished

Cited by4 cases

This text of 234 A.D.2d 58 (People v. Roundtree) 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. Roundtree, 234 A.D.2d 58, 650 N.Y.S.2d 558, 1996 N.Y. App. Div. LEXIS 12311 (N.Y. Ct. App. 1996).

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Opinion

—Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered November 22, 1993, convicting defendant, after a jury trial, of two counts of murder in the second degree and one count each of robbery in the first and second degrees and criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 18 years to life, 18 years to life, 7 to 21 years, 4 to 12 years, 4 to 12 years, and 21/3 to 7 years, respectively, unanimously affirmed.

Defendant’s mother was properly excluded from the otherwise fully open courtroom during the People’s case. This discretionary determination, made on the basis of defendant’s mother’s status as a prospective witness (see, People v Santana, 180 AD2d 537, lv denied 79 NY2d 1007; People v Smith, 111 AD2d 883), did not implicate defendant’s right to a public trial. Concur—Ellerin, J. P., Wallach, Kupferman, Nardelli and Tom, JJ.

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—Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered November 22, 1993, convicting defendant, after a jury trial, of two counts of murder in the second degree and one count each of robbery in the first and second degrees and criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 18 years to life, 18 years to life, 7 to 21 years, 4 to 12 years, 4 to 12 years, and 21/3 to 7 years, respectively, unanimously affirmed.

Defendant’s mother was properly excluded from the otherwise fully open courtroom during the People’s case. This discretionary determination, made on the basis of defendant’s mother’s status as a prospective witness (see, People v Santana, 180 AD2d 537, lv denied 79 NY2d 1007; People v Smith, 111 AD2d 883), did not implicate defendant’s right to a public trial. Concur—Ellerin, J. P., Wallach, Kupferman, Nardelli and Tom, JJ.

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Bluebook (online)

234 A.D.2d 58, 650 N.Y.S.2d 558, 1996 N.Y. App. Div. LEXIS 12311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roundtree-nyappdiv-1996.

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