Legal Opinion · Dissent

People v. Clemons

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

Decided June 22, 1990Published

1Dissent

Callahan, J. (dissenting).

I cannot agree with the majority view that the trial court failed to conduct a proper inquiry and failed to articulate a reason for its decision to close the courtroom to the public in this rape trial. The record reveals that prior to the complainant testifying the following colloquy took place:

"the court: Ms. Dougherty, it’s my understanding you’re going to make application to close the Court Room to the public during the testimony of the victim in this case, is that correct, ma’am?
"ms. Dougherty: Yes, Your Honor.
"the court: And that’s as a result of her request to…

2Cases cited6 opinions

  1. People v. GloverNew York Court of Appeals · 1983
  2. People v. JosephNew York Court of Appeals · 1983
  3. People v. DawsonAppellate Division of the Supreme Court of the State of New York · 1981
  4. People v. RobertsAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. SalcedoAppellate Division of the Supreme Court of the State of New York · 1983

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