Legal Opinion

People v. Lomnicki

Appellate Division of the Supreme Court of the State of New York

Decided April 17, 2008Published

1Opinion of the Court

*471Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered June 30, 2006, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of three years, unanimously affirmed.

The court properly granted the People’s request that potential spectators other than defendant’s family submit to a screening process before entering the courtroom during the undercover officer’s testimony. The People made a proper showing under Waller v Georgia (467 US 39 [1984]) to justify such a procedure. The officer testified…

2Cases cited5 opinions

  1. Waller v. GeorgiaSupreme Court of the United States · 1984
  2. People v. HintonNew York Court of Appeals · 1972
  3. People v. MartinezNew York Court of Appeals · 1993
  4. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. CummingsAppellate Division of the Supreme Court of the State of New York · 2000

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