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.