The People of the State of New York, Respondent v. Benny Garay, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that Garay’s New York constitutional right‑to‑counsel claim was unpreserved, that the partial courtroom closure for undercover officers satisfied the Waller standard under New York precedent, and that his motion to suppress evidence was properly denied because it lacked a legal basis. The Court relied on preservation rules from People v. Gray, Narayan, and Umali, and on NY case law governing courtroom closures. Chief Judge Lippman dissented, arguing that preservation should not bar review of the right‑to‑counsel claim and that the trial court erred.