Opinion
October 16, 1997
Appeal from the Supreme Court, New York County (Renee White, J.).
The trial court properly closed the courtroom during the undercover officer's trial testimony based on his hearing testimony that he continued to work undercover in the areas of defendant's arrest, continued to participate in ongoing investigations in the area, had previously received threats from drug dealers stemming from his undercover work, and he feared for his safety if the courtroom remained open during his testimony ( People v. Ayala, 90 N.Y.2d 490; People v. Martinez, 82 N.Y.2d 436). Moreover, since defense counsel never suggested any reasonable alternatives to closure, the trial court was not required to do so ( People v. Ayala, supra).
Concur Murphy, P.J., Wallach, Nardelli, Tom and Colabella, JJ.