Opinion
March 3, 1992
Appeal from the Supreme Court, New York County (Ira F. Beal, J.).
In their brief, the People conceded that there was no adequate showing of a need to close the courtroom but contended that the record did not show that the courtroom had actually been closed. Accordingly, we held the appeal in abeyance and remanded for such a determination. ( 166 A.D.2d 270.) It has now been determined by the trial court that the courtroom was actually closed during a portion of the trial, specifically the testimony of a confidential informant. Accordingly, we reverse. (People v Jones, 47 N.Y.2d 409, cert denied 444 U.S. 946.)
Concur — Kupferman, J.P., Sullivan, Carro and Smith, JJ.