Opinion
2012-11-20
The PEOPLE, etc., Appellant, v. Vincent TORRES, Respondent. (Appeal No. 1) The People, etc., Appellant, v. Vincent Torres, Respondent. (Appeal No. 2)
William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), for appellant in the first and second above-entitled actions. *475J. Scott Porter, Seneca Falls, for respondent in the first and second above-entitled actions.
William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), for appellant in the first and second above-entitled actions. *475J. Scott Porter, Seneca Falls, for respondent in the first and second above-entitled actions.
MEMORANDUM:
The orders of the Appellate Division should be affirmed.
Defendant adequately preserved the argument that the exclusion of his wife from the courtroom violated his right to a public trial ( see People v. Alvarez, 20 N.Y.3d 75, 81, 955 N.Y.S.2d 846, 979 N.E.2d 1173 [2012];see also People v. Caban, 14 N.Y.3d 369, 373, 901 N.Y.S.2d 566, 927 N.E.2d 1050 [2010] ). The closure of the courtroom during jury selection was not trivial ( see People v. Martin, 16 N.Y.3d 607, 613, 925 N.Y.S.2d 400, 949 N.E.2d 491 [2011] ). Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), orders affirmed, in a memorandum.