PEOPLE v. KEARSE


186 A.D.2d 978 (1992)

The People of the State of New York, Respondent, v. Elliott Kearse, Appellant

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

October 7, 1992


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

Upon our review of the record, we conclude that defendant's right to a public trial (US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4) was abridged when the trial court, without further inquiry, acceded to the prosecutor's request that the court be closed to the public during the testimony of an undercover police officer (see, People v Jones,

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