People v. Scheck

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered June 30, 2004, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Whether to exclude a witness from the courtroom or, as in this case, to preclude the testimony of a witness who was present during the testimony of another witness, is committed to the discretion of the trial court (see People v Todd, 306 AD2d 504 [2003]). The County Court providently exercised its discretion in denying the defendant’s motion to preclude…