People v. Alvarez, 19 N.Y.3d 78 (2012)

A defendant must preserve the argument that they were deprived of the right to a public trial when family members were excluded from the courtroom during voir dire by raising a timely objection; otherwise, the claim is waived on appeal.

Summary

These consolidated appeals address whether a defendant must preserve the argument that his right to a public trial was violated when family members were excluded from the courtroom during voir dire. In Alvarez, defense counsel moved for a mistrial after discovering the defendant’s parents were excluded during jury selection. In George, defense counsel did not object when the court stated spectators might be asked to leave during jury selection. The New York Court of Appeals held that preservation is required. The Court affirmed in George because the issue was unpreserved, but reversed in Alvarez and remitted for a new trial because the issue was adequately preserved by a timely objection and motion for mistrial.

Facts

Alvarez: Alvarez was charged with weapon possession. Before trial, Alvarez declined a plea offer after discussing it with his mother. During jury selection, Alvarez’s parents were excluded from the courtroom. Defense counsel moved for a mistrial based on the denial of a public trial, which the court denied, stating the courtroom was filled with prospective jurors and family members are usually asked to step out initially.

George: George was charged with robbery and larceny. Prior to jury selection, the court stated that spectators might have to leave when potential jurors entered due to limited seating. Defense counsel thanked the judge without objecting. After preliminary instructions, some prospective jurors were excused, and the court asked remaining jurors to move forward, freeing seats for the public and instructing a court officer to inform spectators they could re-enter.

Procedural History

Alvarez: The Appellate Division modified the conviction, vacating convictions for criminal possession of a weapon in the fourth degree, but otherwise affirmed, finding the public trial argument unpreserved and without merit. Leave to appeal was granted. The Court of Appeals reversed.

George: The Appellate Division affirmed the conviction, finding the public trial argument unpreserved and without merit. Leave to appeal was granted. The Court of Appeals affirmed.

Issue(s)

1. Whether a defendant must preserve an objection to the exclusion of family members from the courtroom during voir dire to raise a public trial violation on appeal.

Holding

1. Yes, because errors of constitutional dimension, including the right to a public trial, must be preserved with a timely objection.

Court’s Reasoning

The right to a public trial extends to voir dire. While proceedings may be closed when necessary to protect an overriding interest, the court must consider alternatives to closure. The Court relied on Presley v. Georgia, which held that the Sixth Amendment guarantees the right to a public trial during voir dire, and trial courts must consider alternatives to closure, even if the parties do not offer them. However, Presley did not address the preservation requirement. The Court stated, “Bringing a public trial violation to a judge’s attention in the first instance will ensure the timely opportunity to correct such errors.” Since George raised no objection, his claim was unpreserved. In Alvarez, the defense counsel’s protest immediately after the violation was sufficient to preserve the issue. The appropriate remedy would have been to grant a mistrial and restart jury selection. The Court emphasized that preservation is crucial to give the trial court an opportunity to address and correct the error promptly.