Opinion
July 15, 1985
Appeal from the Supreme Court, Kings County (Ryan, J.).
Judgment affirmed.
At trial, defendant objected to the closing of the courtroom during the testimony of an undercover officer. At the hearing which preceded closure, the officer testified that he was still actively engaged as an undercover officer and was participating in "buy operations" in drug investigations in Kings County. The officer further revealed that he believed that his life was in danger as a "contract" had been taken out on his life. One of the officer's investigations was taking place within four blocks of the courthouse. Based on the testimony, the court decided that the public should be excluded while the officer testified.
It is well settled that a defendant's fundamental right to a public trial may not be sacrificed for less than compelling reasons ( People v. Jones, 47 N.Y.2d 409, 414-415, cert denied 444 U.S. 946). However, under the circumstances of this case compelling reasons to close the courtroom were clearly established ( see, People v. Glover, 57 N.Y.2d 61, 65; People v Hinton, 31 N.Y.2d 71, cert denied 410 U.S. 911; People v Cantone, 73 A.D.2d 936, lv denied 49 N.Y.2d 892). Thus, the court did not abuse its discretion when it ordered the courtroom closed during the undercover officer's testimony.
We have considered defendant's other claims and have found them to be without merit. Mangano, J.P., Gibbons, Bracken and O'Connor, JJ., concur.