People v. Outcalt

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered July 26, 1967, convicting him of feloniously selling a narcotic drug and unlawfully possessing a narcotic drug, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, in the exercise of discretion and in the interests of justice, and new trial ordered. The findings of fact below are affirmed. Although the right to a public trial (Code Crim. Pro., § 8, subd. 1; Civil Rights Law, § 12; ef. U. S. Const., 6th Arndt.) is not absolute, being “ subject to the inherent power of the court to preserve…