Opinion
November 14, 1994
Appeal from the Supreme Court, Kings County (DeLury, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
Over the defendant's objection, the court granted the People's application to close the courtroom during the testimony of an undercover police officer. We find that the court erred since the officer's testimony at the hearing was insufficient to meet the standards for closure (see, People v. Martinez, 82 N.Y.2d 436). Consequently, the defendant was denied his right to a public trial and a new trial is required (see, People v Martinez, supra; People v. Huggins, 204 A.D.2d 484).
In view of our decision that there must be a new trial, we do not reach the defendant's remaining contention. Balletta, J.P., Pizzuto, Altman and Hart, JJ., concur.