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PEOPLE v. GROSS

179 A.D.2d 138 (1992)

The People of the State of New York, Respondent, v. Freddy Gross, Appellant

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

April 16, 1992

Attorney(s) appearing for the Case

Camille Weithers of counsel (Philip L. Weinstein, attorney), for appellant.

Richard Sheridan of counsel (Susan L. Valle with him on the brief; Robert T. Johnson, District Attorney, attorney), for respondent.

ELLERIN, KUPFERMAN, ROSS and RUBIN, JJ., concur.

MILONAS, J. P.

The Trial Judge's decision to close the courtroom to the public during the testimony of the undercover officer was not, under the circumstances herein, improper. In that regard, the following exchange took place when the prosecutor made his application for closure:

"ADA: Your Honor, I spoke to the witness in this case, who is an undercover officer, female — "THE COURT...

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