Legal Opinion

People v. Hok Ming Chan

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

Decided April 10, 1997PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

Since defendants’ right to be present at the trial of this indictment was not violated by their exclusion from the jury room discussion concerning a partial closure of the courtroom during a portion of the complainant’s hearing testimony and the resultant closure order was, in the circumstances, an appropriate exercise of discretion, we, unlike our dissenting colleagues, see no need for a remand and new suppression hearing. Inasmuch as the other issues raised by defendants lack merit, we affirm the conviction.

To put the issue in proper perspective, a brief…

2Cases cited29 opinions

  1. In Re OliverSupreme Court of the United States · 1948
  2. Waller v. GeorgiaSupreme Court of the United States · 1984
  3. Kentucky v. StincerSupreme Court of the United States · 1987
  4. People v. HintonNew York Court of Appeals · 1972
  5. People v. GombergNew York Court of Appeals · 1975

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3Cited by9 opinions

  1. Andre Brown v. Robert Kuhlmann, Superintendent of Sullivan Correctional FacilityCourt of Appeals for the Second Circuit · 1998
  2. State v. BoboSupreme Court of Minnesota · 2009
  3. People v. Ming LiNew York Court of Appeals · 1998
  4. People v. WoodAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. WardAppellate Division of the Supreme Court of the State of New York · 2004

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