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PEOPLE v. NELSON

No. 45

27 N.Y.3d 361 (2016)

53 N.E.3d 691

33 N.Y.S.3d 814

2016 NY Slip Op 02554

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL NELSON, Appellant.

Court of Appeals of New York.

Decided April 5, 2016.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, Appellate Advocates, New York City (Alexis A. Ascher of counsel), for appellant.

Kenneth P Thompson, District Attorney, Brooklyn (Morgan J. Dennehy, Leonard Joblove and Victor Barall of counsel), for respondent.

Chief Judge DiFIORE and Judges ABDUS-SALAAM and STEIN concur; Judge GARCIA concurs in result in an opinion, in which Judges PIGOTT and RIVERA concur.

OPINION OF THE COURT

Criminal trials naturally provoke an excess of emotion. This may lead to potential disruption by spectators at trial. Nonetheless, it is the obligation of trial courts to protect a defendant's right to a fair trial, and to ensure that conduct by spectators...

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