People v. Echevarria

Chief Judge Lippman (dissenting in part).

I respectfully dissent in Johnson because I believe that the majority’s holding eviscerates the substance of Presley v Georgia (558 US 209 [2010]) in New York State criminal trials, and allows such issues to escape meaningful appellate review.

The right of a criminal defendant to a public trial is fundamental (People v Martin, 16 NY3d 607, 611 [2011]; US Const 6th, 14th Amends; see also Civil Rights Law § 12; Judiciary Law § 4). And, although it “may give way in certain cases to other rights or interests,” “[s]uch circumstances will be rare . . . and…