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PEOPLE v. MARTINEZ

82 N.Y.2d 436 (1993)

624 N.E.2d 1027

604 N.Y.S.2d 932

The People of the State of New York, Respondent, v. Buenaventura Martinez, Appellant. The People of the State of New York, Respondent, v. Howard Pearson, Appellant.

Court of Appeals of the State of New York.

Decided November 23, 1993.

Attorney(s) appearing for the Case

Diana L. Fogle, New York City, and E. Joshua Rosenkranz for appellant in the first above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Daniel S. Ratner and Peter D. Coddington of counsel), for respondent in the first above-entitled action.

Diana L. Fogle, New York City, and E. Joshua Rosenkranz for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Diana Fabi Samson and Norman Barclay of counsel), for respondent in the second above-entitled action.

Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

Chief Judge KAYE.

These appeals of two "buy-and-bust" cases present the question whether defendant's right to a public trial was violated when the trial court ordered the courtroom closed during the testimony of the undercover officer who made the buy. We conclude in the first case that defendant's right was violated, but uphold closure in the second.

People v Martinez

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