People v. FRANK GARCIA

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant “unquestionably apprised” the trial court of his wish to have his girlfriend and uncle attend his trial (see, People v Nieves, 90 NY2d 426, 431, n). Thus, defendant adequately preserved his partial closure argument for purposes of appellate review.

On the merits, although the trial court may have been justified in excluding the general public from the courtroom during the officers’ testimony (see, People v Ramos, 90 NY2d 490, 498), on this record, it was error to exclude defendant’s girlfriend and…