Opinion
May 27, 1999
Appeal from the Supreme Court, Suffolk County (Rohl, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.
We agree with the defendant that the testimony presented at the Hinton hearing ( see, People v. Hinton, 31 N.Y.2d 71, cert denied 410 U.S. 911), was insufficient to support the closure of the courtroom ( see, People v. Martinez, 82 N.Y.2d 436). Accordingly, the trial court erred in sealing the courtroom during the testimony of the two undercover officers, and a new trial must be held ( see, People v. Martinez, 250 A.D.2d 708; People v. Parrish, 224 A.D.2d 553; People v. Alvarado, 223 A.D.2d 712; People v. Smith, 216 A.D.2d 335).
The defendant's remaining contentions are either without merit or unpreserved for appellate review ( see, CPL 470.05).
Bracken, J. P., Thompson, Joy and Luciano, JJ., concur.