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People v. Herrera

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 1995
211 A.D.2d 530 (N.Y. App. Div. 1995)

Opinion

January 19, 1995

Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).


Defendant's claim that closure of the courtroom deprived him of his right to a public trial was preserved for review in view of the trial court's grant of the prosecutor's application prior to affording defense counsel the opportunity to interpose his general objection (People v. Gross, 179 A.D.2d 138, 140-141, lv denied 80 N.Y.2d 832).

As the People concede, the bare assertion of the prosecutor that the witness was still an undercover officer was insufficient to support the closure (People v. Martinez, 82 N.Y.2d 436; People v. Cuevas, 50 N.Y.2d 1022).

Concur — Rosenberger, J.P., Asch, Rubin and Nardelli, JJ.


Summaries of

People v. Herrera

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 1995
211 A.D.2d 530 (N.Y. App. Div. 1995)
Case details for

People v. Herrera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS HERRERA…

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

Date published: Jan 19, 1995

Citations

211 A.D.2d 530 (N.Y. App. Div. 1995)
622 N.Y.S.2d 438