Opinion
May 11, 1998
Appeal from the Supreme Court, Queens County (Leach, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant was denied his right to a public trial ( see, U.S. Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4 Jud.) when the trial court closed the courtroom to the public during an undercover police officer's testimony. The officer's testimony at the Hinton hearing ( see, People v. Hinton, 31 N.Y.2d 71, cert denied 410 U.S. 911), was insufficient to satisfy the, criteria of People v. Martinez ( 82 N.Y.2d 436). Accordingly, the trial court erred in directing closure of the courtroom, and a new trial is required ( see, People v. Martinez, supra; People v. Smith, 216 A.D.2d 335).
In light of our determination that a new trial is required, it is unnecessary to address the defendant's remaining, contentions.
Bracken, J.P., Miller, O'Brien and Copertino, JJ., concur.