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People v. Farquharson

294 A.D.2d 514 Court N.Y. App. Div. Decision date 2002-05-20 English

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p. 514
The People of the State of New York, Respondent, v Desmond Farquharson, Appellant.
[742 NYS2d 553]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered June 21, 2000, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Under the circumstances presented, the Supreme Court, after observation and sufficient inquiry, properly exercised its discretion in excluding a disruptive spectator from the courtroom (see Matter of Katz v Murtagh, 28 NY2d 234 ; People v Wood, 259 AD2d 777 ; People v Shepard, 243 AD2d 290 ; People v Hargrove, 60 AD2d 636 , cert denied 439 US 846 ). Thus, the defendant was not deprived of his Sixth Amendment right to a public trial. Ritter, J.P., Smith, Luciano and Crane, JJ., concur.

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