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1
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OPINION
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EXTRACTED KEY WORDS
RESPONDENT MEMORANDUM JUDGE INT OPINION PUBLICATION YORK REPORTS JONATHAN OBERMAN THERESA FOUDY APPELLATE DIVISION INSUFFICIENT SUBSTANTIAL PROBABILITY SAFETY PRESENCE BROTHER SISTER COURTROOM NIEVES NY2D REVIEW SUBMISSIONS PURSUANT CHIEF JUDGE KAYE JUDGES BELLACOSA SMITH LEVINE CIPARICK WESLEYAND ROSENBLATT CONCUR |
THE PEOPLE &C., RESPONDENT, v. RICHARD GLOVER, A/K/A JOHN SMALL, APPELLANT.
93 N.Y.2d 1010 (1999).
August 26, 1999
1 No. 175 SSM 6
(99 NY Int. 0123)
Decided August 26, 1999
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
_________________________________________________________________
Submitted by Jonathan H. Oberman, for appellant.
Submitted by Theresa A. Foudy, for respondent.
MEMORANDUM:
The order of the Appellate Division should be reversed, and a new
trial ordered.
The record is insufficient to establish a "'substantial probability'
that the officer's safety would be jeopardized" by the presence of
defendant's brother and sister in the courtroom ( People v Nieves,
90 NY2d 426, 431).
On review of submissions pursuant to section 500.4 of the Rules, order
reversed and a new trial ordered, in a memorandum. Chief Judge Kaye
and Judges Bellacosa, Smith, Levine, Ciparick, Wesleyand Rosenblatt
concur.
Decided August 26, 1999
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