Murder Conviction Vacated Because Mother of Defendant Could Not Get Seat During Voir Dire

[From article]
The 23-year-old Brooklyn man was tried, convicted and — after the jury found he shot a rival dead at a dice game — sent to prison for 15 years to life. But the state’s highest court overturned the guilty verdict — all because Floyd’s mother couldn’t find a seat in the courtroom during jury selection.
A juror who voted to convict Floyd was shocked to learn of the stunning reversal.
[. . .]
Floyd’s conviction was tossed in an April 25, 2013, decision based on his trial lawyer’s complaint to Brooklyn Supreme Court Judge Michael Gary that Melissa Floyd was forced to wait outside a courtroom that was packed with potential jurors.
“Defense counsel observed, ‘Certainly, as a public spectator, she has an absolute right to be present,’ ” the decision states. “Defendants have a constitutional right to a ‘public trial,’ ” the decision goes on, adding that overcrowding does not justify courtroom closure.
“This violation . . . requires a new trial,” the judges ruled.
On his initial appeal, the Appellate Division had found Gary’s offer to get a seat for Floyd’s mom once some juror candidates had been weeded out was sufficient — and upheld the conviction. But the higher court disagreed.

http://nypost.com/2014/07/28/murder-verdict-tossed-because-his-mom-couldnt-find-a-seat/

Murder verdict tossed because his mom couldn’t find a seat
By Josh Saul
New York Post
July 28, 2014 | 11:07pm