Opinion
June 5, 1995
Appeal from the Supreme Court, Queens County (Orgera, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant contends that he was denied his right to a public trial (see, US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4) when the trial court closed the courtroom to the public, including the defendant's family, during an undercover police officer's testimony. We agree. 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 Huggins, 204 A.D.2d 484).
In light of our determination that a new trial is required, it is unnecessary to address the defendant's remaining contentions. Balletta, J.P., O'Brien, Altman and Krausman, JJ., concur.