People v. Carson
| Decision Date | 11 March 2002 |
| Citation | 292 A.D.2d 461,740 N.Y.S.2d 346 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>UNIKO CARSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant was arrested and charged with conspiracy in the second degree, criminal possession of a controlled substance in the second degree, criminal possession of a controlled substance in the third degree, and criminal sale of a controlled substance in the first degree, as the result of a police investigation into alleged drug trafficking in Queens. He was tried jointly with a codefendant, Leroy Williams (see, People v Williams, 292 AD2d 474 [decided herewith]). Two other codefendants pleaded guilty prior to trial. At the conclusion of the presentation of evidence at trial, the trial court dismissed the counts charging conspiracy in the second degree and criminal possession of a controlled substance in the second and third degrees. The jury found the defendant guilty of the only remaining count against him, namely, criminal sale of a controlled substance in the first degree.
The defendant contends that he is entitled to a new trial because the evidence regarding the conspiracy count, which was ultimately dismissed by the trial court, tainted the jury's consideration of the remaining count, of which he was convicted. However, there was no reasonable possibility that the jury's decision to convict the defendant of criminal sale of a controlled substance in the first degree was influenced by any evidence pertaining to the conspiracy count. Therefore, there was no prejudicial spillover, and the defendant's claims to the contrary are without merit (see, People v Williams, supra).
The defendant also contends that the partial closure of the courtroom during the testimony of the confidential informant deprived him of his right to a public trial. We disagree. The record of the Hinton hearing (see, People v Hinton, 31 NY2d 71) shows that all four prongs of the test articulated by the Supreme Court in Waller v Georgia (467 US 39, 48) were satisfied. First, since the informant testified at the hearing as to specific incidents of actual violence and threats aimed at him in connection with this case, there was an overriding interest in protecting the informant's safety. Second, the closure was no broader than necessary to protect that interest. Third, the court considered and used an alternative to complete closure. Finally, the...
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Carson v. Fischer
...was sentenced to a term of imprisonment of 15 years to life. The Appellate Division affirmed the conviction, People v. Carson, 292 A.D.2d 461, 740 N.Y.S.2d 346 (2d Dep't 2002), and petitioner's application for leave to appeal to the Court of Appeals denied. People v. Carson, 98 N.Y.2d 673, ......
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Carson v. Fischer, Docket No. 04-3018-PR.
...closure of the courtroom during Sanchez's testimony did not deprive Carson of his right to a public trial. People v. Carson, 292 A.D.2d 461, 740 N.Y.S.2d 346 (2d Dep't 2002). The court held [t]he record of the Hinton hearing shows that all four prongs of the test articulated by the Supreme ......
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People v. Laroc
...for appellate review and, in any event, without merit (see People v. Williams, 292 A.D.2d 474, 475, 740 N.Y.S.2d 348 ; People v. Carson, 292 A.D.2d 461, 740 N.Y.S.2d 346 ).The defendant's remaining contention is without merit. BARROS, J.P., RIVERA, WOOTEN and DOWLING, JJ., ...
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