A defendant whose wife was barred from the courtroom for lack of space during the early portions of jury selection is due a new trial for a violation of his right to an open trial, a divided upstate appellate panel has held.
The Appellate Division, Fourth Department, panel split 3-2 over whether the trial judge’s error in briefly excluding the defendant’s wife was too trivial to warrant reversal, and whether the defendant or the court bore the burden of inviting her back once there was room.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
