PEOPLE v. ROMAIN


137 A.D.2d 848 (1988)

The People of the State of New York, Respondent, v. Vaughn Romain, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 29, 1988


Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

The testimony of the undercover officer was heard in the cleared and closed courtroom. No hearing on the issue of closure was conducted prior thereto. "[N]o closing can be tolerated that is not preceded by an inquiry careful enough to assure that the defendant's right to a public trial is not being sacrificed for less than compelling...

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