People v. Roundtree
| Decision Date | 05 December 1996 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Clarence ROUNDTREE, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Michael Maxwell, for Respondent.
Rosemary Herbert, for Defendant-Appellant.
Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered November 22, 1993, convicting defendant, after a jury trial, of two counts of murder in the second degree, and one count each of robbery in the first and second degrees and criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 18 years to life, 18 years to life, 7 to 21 years, 4 to 12 years, 4 to 12 years, and 2 1/3 to 7 years, respectively, unanimously affirmed.
Defendant's mother was properly excluded from the otherwise fully open courtroom during the People's case. This discretionary determination, made on the basis of defendant's mother's status as a prospective witness (see, People v. Santana, 180 A.D.2d 537, 580 N.Y.S.2d 254, lv. denied 79 N.Y.2d 1007, 584 N.Y.S.2d 462, 594 N.E.2d 956; People v. Smith, 111 A.D.2d 883, 490 N.Y.S.2d 277) did not implicate defendant's right to a public trial.
We perceive no abuse of sentencing discretion.
To continue reading
Request your trial
-
People v. Griffin
...Exclusion was extended merely to all witnesses. This Court has repeatedly upheld similar exclusion orders. (See, e.g., People v. Roundtree, 234 A.D.2d 58, 650 N.Y.S.2d 558, lv. denied 89 N.Y.2d 988, 656 N.Y.S.2d 747, 678 N.E.2d 1363; People v. Santana, 180 A.D.2d 537, 538, 580 N.Y.S.2d 254,......
-
People v. Cervera
...N.Y.3d 266, 274, 899 N.Y.S.2d 733, 926 N.E.2d 240 [2010];People v. Cooke, 292 N.Y. 185, 191, 54 N.E.2d 357 [1944];People v. Roundtree, 234 A.D.2d 58, 650 N.Y.S.2d 558 [1996] ). Here, however, the record does not indicate any instruction by the Justice Court, nor a request by the state troop......
- People v. Roundtree