New York Court of Appeals
The People of the State of New York, Respondent v. Benny Garay, Appellant
March 31, 201525 N.Y.3d 62
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that the defendant's claim that his right to counsel was violated when a sick juror was replaced was unpreserved and therefore not reviewable, that the partial courtroom closure for undercover officers was proper, and that the summary denial of his suppression motion was correct. Chief Judge Lippman dissented, arguing that preservation was not required and that the right‑to‑counsel claim should be decided on the merits.