People v. DeJesus — 274 A.D.2d 400

Majority

p. 400

The People of the State of New York, Respondent, v Hector DeJesus, Appellant.

[711 NYS2d 754]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered November 5, 1998, convicting him of criminal sale of a controlled substance in or near school grounds, upon a jury verdict, and imposing sentence.

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

The defendant contends, and the People correctly concede, that he was denied his right to a public trial (see, US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4), because the trial court excluded his fiancée from the courtroom during the testimony of the undercover officer. At the hearing conducted pursuant to People v Hinton ( 31 NY2d 71 , cert denied 410 US 911 ), the People failed to establish that the defendant’s fiancée posed a threat to the safety of the undercover officer, as there was no evidence that she either resided or worked in the neighborhood where the officer was actively engaged in buy- and-bust operations. As the closure order was broader than

p. 401

necessary and not supported by the record, the defendant is entitled to a new trial (see, People v Rentas, 253 AD2d 469 ; People v Vargas, 244 AD2d 367 ; People v Scott, 237 AD2d 544 ; People v Gayle, 237 AD2d 532 ; People v Pankey, 219 AD2d 737 ). Bracken, J. P., Santucci, McGinity and Feuerstein, JJ., concur.

Cases cited

People v. Hinton 31 NY2d 71 N.Y. 1972-07-06 p. 400
People v. Vargas 244 AD2d 367 N.Y. App. Div. 1997-11-03 p. 401
People v. Scott 237 AD2d 544 N.Y. App. Div. 1997-03-24 p. 401