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People v. Osborne

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1989
154 A.D.2d 484 (N.Y. App. Div. 1989)

Opinion

October 10, 1989

Appeal from the Supreme Court, Kings County (Greenberg, J.).


Ordered that the judgment is affirmed.

At trial, the defendant made a general objection to the prosecution's request to close the courtroom during the testimony of an undercover police officer. The defense counsel made no request for a hearing nor did he contest the People's assertion that the witness's safety would be jeopardized if his identity was made known to the public (see, People v Pollock, 50 N.Y.2d 547, 550; People v Policano, 139 A.D.2d 773). Nevertheless, the court conducted a hearing which demonstrated that the undercover officer was at the time of trial engaged in several pending investigations and that closure was necessary to protect his safety and the integrity of his ongoing operations (see, People v Jones, 47 N.Y.2d 409, cert denied 444 U.S. 946; People v Hinton, 31 N.Y.2d 71, cert denied 410 U.S. 911; People v Gonzalez, 135 A.D.2d 829). On this record, we find that the court properly granted the People's request for closure, including the exclusion of the defendant's parents during such closure.

We have examined the defendant's contention that the sentence imposed was excessive and find it to be without merit. Rubin, J.P., Sullivan, Harwood and Balletta, JJ., concur.


Summaries of

People v. Osborne

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1989
154 A.D.2d 484 (N.Y. App. Div. 1989)
Case details for

People v. Osborne

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD OSBORNE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 10, 1989

Citations

154 A.D.2d 484 (N.Y. App. Div. 1989)
546 N.Y.S.2d 30

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