| People v Torres |
| 2012 NY Slip Op 07860 [20 NY3d 890] |
| November 20, 2012 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, January 16, 2013 |
| The People of the State of New York, Appellant, v Vincent Torres, Respondent. (Appeal No. 1.) |
| The People of the State of New York, Appellant, v Vincent Torres, Respondent. (Appeal No. 2.) |
Decided November 20, 2012
People v Torres, 97 AD3d 1125, affirmed.
People v Torres, 97 AD3d 1125, affirmed.
APPEARANCES OF COUNSEL
William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), for appellant in the first and second above-entitled actions.
J. Scott Porter, Seneca Falls, for respondent in the first and second above-entitled actions.
Memorandum.
The orders of the Appellate Division should be affirmed.
Defendant adequately preserved the argument that the exclusion of his wife from [*2]the courtroom violated his right to a public trial (see People v Alvarez, 20 NY3d 75, 81 [2012]; see also People v Caban, 14 NY3d 369, 373 [2010]). The closure of the courtroom during jury selection was not trivial (see People v Martin, 16 NY3d 607, 613 [2011]).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), orders affirmed in a memorandum.