People v. Clemons

Judgment reversed on the law and a new trial granted. Memorandum: Closure of the courtroom during the complainant’s testimony deprived defendant of his constitutional and statutory right to a public trial (US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4). Although the Legislature has provided for the discretionary exclusion of the public in rape cases (Judiciary Law § 4), the court’s bare reliance on that section is an insufficient predicate for closure (see, People v Jelke, 308 NY 56). In People v Jones (47 NY2d 409, 414-415, cert denied 444 US 946), the court stated that…