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People v. Gilliam

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1995
215 A.D.2d 401 (N.Y. App. Div. 1995)

Summary

holding that a defendant's request to adjourn court proceedings to observe Muslim Sabbath was "improperly denied in that no compelling State interest was shown"

Summary of this case from Neustadter v. Holy Cross Hospital

Opinion

May 1, 1995

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant contends that the trial court violated his First Amendment right to the free exercise of his religion by denying his request to adjourn the proceedings from Thursday, August 26, 1993, until Monday, August 30, 1993, to accommodate his religious beliefs and practices. The defendant established that he was a Muslim minister who celebrated the Sabbath on Friday, and was scheduled to lead prison services on Friday, August 27, 1993. The sincerity of his religious convictions is not an issue (cf., People v Johnson, 143 A.D.2d 847). The trial court was informed by the Assistant District Attorney that the police chemist was going on vacation the following week and would probably not be available. Although the Assistant District Attorney offered to check if the chemist had vacation plans which would permit him to come in the following week, the trial court simply informed the defendant "I can't give you tomorrow off because of the schedule * * * I can't accommodate you". After informing the defendant that it would make no effort to accommodate his religious practices, the trial court suggested that the defendant waive his right to be present at the voir dire on Friday, August 27, 1993, and the defendant agreed. On Friday, August 27, 1993, the prosecutor and defense counsel proceeded with jury selection in the defendant's absence.

In this case, the defendant's request for an adjournment to attend religious services was improperly denied in that no compelling State interest was shown (cf., People v Williams, 197 A.D.2d 401 [denial of adjournment during jury deliberations was necessary to ensure fair trial]). "[T]he schedule" could have been adjusted to accommodate the defendant. Indeed, it appears that the chemist was able to testify the following week, so the scheduling problems envisioned by the court never came to pass.

Since the trial court impermissibly forced the defendant to choose between his First Amendment right to the free exercise of his religion and his right to be present at the voir dire (see, People v Antommarchi, 80 N.Y.2d 247), his waiver was not voluntary.

Accordingly, the judgment appealed from must be reversed and a new trial ordered.

The defendant's remaining contentions are either unpreserved for appellate review, without merit (see, People v Sanchez, 213 A.D.2d 566; People v Thomas, 210 A.D.2d 269; People v Wilson, 207 A.D.2d 463), or need not be addressed. Sullivan, J.P., O'Brien, Ritter and Goldstein, JJ., concur.


Summaries of

People v. Gilliam

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1995
215 A.D.2d 401 (N.Y. App. Div. 1995)

holding that a defendant's request to adjourn court proceedings to observe Muslim Sabbath was "improperly denied in that no compelling State interest was shown"

Summary of this case from Neustadter v. Holy Cross Hospital

reversing conviction where "the trial court impermissibly forced the defendant to choose between his First Amendment right to the free exercise of his religion and his right to be present at the voir dire"

Summary of this case from Trubin v. Mazzuca

In Gilliam, however, the court reversed a conviction where the defendant was a Muslim minister who celebrated the Sabbath on Friday, and was scheduled to lead prison services on that day.

Summary of this case from Hoyt v. Lewin

In People v. Gilliam, 215 A.D.2d 401 (2d Dep't 1995), the Appellate Division found that a trial judge had been unjustified in refusing to adjourn court so that the defendant could observe a Friday Sabbath.

Summary of this case from Hoyt v. Lewin
Case details for

People v. Gilliam

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN GILLIAM…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1995

Citations

215 A.D.2d 401 (N.Y. App. Div. 1995)
626 N.Y.S.2d 245

Citing Cases

Hoyt v. Lewin

This principle has been recognized in at least one New York State case. In People v. Gilliam, 215 A.D.2d 401…

Webb v. LaManna

No federal or New York case holds to the contrary. Indeed, the only case that petitioner's counsel cited to…