245 A.D.2d 123 665 N.Y.S.2d 888

The People of the State of New York, Respondent, v Luis Castro, Appellant.

[665 NYS2d 888]

—Judgment, Supreme Court, New York County (Alvin Schlesinger, J., on motion; Allen Alpert, J., at Parker hearing; Ira Beal, J., at jury trial and sentence), rendered April 12, 1994, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years, unanimously reversed, on the law, and the matter remanded for a new trial.

As the People correctly concede, defendant was improperly tried in absentia (see, People v Parker, 57 NY2d 136, 141). Accordingly, a new trial was required. Summary denial of defendant’s motion to suppress the undercover officer’s confirmatory identification was proper (see, People v Wharton, 74 NY2d 921, 922-923; People v Morales, 37 NY2d 262, 271-272). Defendant’s court closure claim is rendered academic by the above disposition. Should the People seek a closure order on retrial, a new hearing would be required. Concur—Murphy, P. J., Sullivan, Milonas, Mazzarelli and Andrias, JJ.

People v. Castro
245 A.D.2d 123 665 N.Y.S.2d 888

Case Details

Name
People v. Castro
Decision Date
Dec 16, 1997
Citations

245 A.D.2d 123

665 N.Y.S.2d 888

Jurisdiction
New York

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