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YUNG v. WALKER

No. 00 Civ. 1263.

143 F.Supp.2d 262 (2001)

Hoi Man YUNG, Petitioner, v. Hans WALKER, and Eliot L. Spitzer, Respondents.

United States District Court, S.D. New York.

April 17, 2001.

Attorney(s) appearing for the Case

The Legal Aid Society, Criminal Appeals Bureau, New York City, by M. Sue Wycoff, of counsel, for Petitioner.

Honorable Eliot L. Spitzer, Attorney General of the State of New York, New York City, by Tiffany M. Foo, Assistant Attorney General, of counsel, for Respondents.

OPINION

SWEET, District Judge.

Petitioner Hoi Man Yung ("Yung"), a prisoner in state custody, has filed a petition for habeas corpus pursuant to 28 U.S.C. § 2254 alleging that the trial court's decision to close the courtroom to his family members during the testimony of an undercover officer violated his Sixth Amendment right to a public trial. For the reasons set forth below, the petition will be granted and the case remanded with instructions...

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