People v. Mojica
| Decision Date | 22 January 2001 |
| Citation | 719 N.Y.S.2d 608,279 A.D.2d 591 |
| Court | New York Supreme Court — Appellate Division |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>KENNETH MOJICA, Appellant. |
Ordered that the judgment is affirmed.
The defendant contends that his Sixth Amendment right to a public trial was abridged when the court asked certain members of the defendant's family to leave the courtroom during the first round of jury selection, to permit prospective jurors to be seated. The defendant's present contentions were not raised before the Court and thus are unpreserved for appellate review (see, CPL 470.05 [2]; People v Quezada, 218 AD2d 819). In any event, the court providently exercised its discretion in light of the limited seating within the courtroom (see, People v Valentin, 250 AD2d 497).
The defendant's remaining contentions are without merit.
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People v. Borukhova
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People v. Alvarez
...cert. denied 487 U.S. 1239, 108 S.Ct. 2911, 101 L.Ed.2d 943; People v. Gibbons, 18 A.D.3d 773, 773, 795 N.Y.S.2d 700; People v. Mojica, 279 A.D.2d 591, 591-592, 719 N.Y.S.2d 608). The defendant did not preserve for appellate review his claim that the People failed to present legally suffici......
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People v. Walston
...179;People v. Varela, 22 A.D.3d 264, 265, 804 N.Y.S.2d 16;People v. Vatansever, 5 A.D.3d 406, 407, 771 N.Y.S.2d 910;People v. Mojica, 279 A.D.2d 591, 592, 719 N.Y.S.2d 608;cf. People v. Garcia, 95 N.Y.2d 946, 947, 727 N.Y.S.2d 1, 750 N.E.2d 1049), and we decline to review it in the exercise......