Opinion of the Court — McCarthy v. Portuondo

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Type: Opinion of the Court
Filed: March 27, 2003
Case: McCarthy v. Portuondo
Case status: Decided

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Summary Order THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 27th day of March, two thousand three. UPON DUE CONSIDERATION of this appeal from the United States District Court for the Eastern District of New York (Gleeson, John, /.), it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED. The Petitioner, Alexander McCarthy, appeals from the judgment of the District Court denying his petition for habeas corpus. McCarthy’s claim is grounded in his allegation that the New York state trial court violated his Sixth Amendment right to a public trial when it ordered the courtroom partially closed during the testimony of an undercover officer. He also claims that the state court similarly violated the Sixth Amendment …

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