Opinion
2014-03-26
The PEOPLE, etc., respondent, v. Kadijah FIELDS, appellant.
Steven Banks, New York, N.Y. (Paul Wiener of counsel), 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.
Steven Banks, New York, N.Y. (Paul Wiener of counsel), 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.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered April 18, 2011, convicting her 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, 115 A.D.3d 995, ––– N.Y.S.2d ––––, 2014 WL 1228102 [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 her of her right to a public trial is without merit ( see People v. Echevarria, 21 N.Y.3d 1, 19, 966 N.Y.S.2d 747, 989 N.E.2d 9,cert. denied sub nom. Johnson v. New York, ––– U.S. ––––, 134 S.Ct 823, 187 L.Ed.2d 688;People v. Frost, 100 N.Y.2d 129, 137, 760 N.Y.S.2d 753, 790 N.E.2d 1182;People v. Ramos, 90 N.Y.2d 490, 494, 662 N.Y.S.2d 739, 685 N.E.2d 492,cert. denied sub nom. Ayala v. New York, 522 U.S. 1002, 118 S.Ct. 574, 139 L.Ed.2d 413). Furthermore, the defendant's contentions, raised in Point II and Point III of her main brief, are without merit. The defendant's remaining contentions, including those raised in her supplemental brief, are unpreserved for appellate review and, in any event, without merit. RIVERA, J.P., BALKIN, HINDS–RADIX and MALTESE, JJ., concur.