People v. Thomas

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Zelman, J.), rendered November 16, 1984, convicting him of rape in the first degree (two counts), sexual abuse in the first degree, unlawful imprisonment in the first degree, and assault in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed on the law, and a new trial is ordered.

During the course of this nonjury trial the court improperly ordered the courtroom closed during the testimony of the alleged rape victim. The witness would not respond to questions by the…