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PEOPLE v. ROSARIO

83 N.Y.2d 994 (1994)

639 N.E.2d 1131

616 N.Y.S.2d 334

The People of the State of New York, Respondent, v. Hilario Rosario, Appellant. The People of the State of New York, Respondent, v. Jose Lopez, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1994.

Attorney(s) appearing for the Case

Elon Harpaz, New York City, and Philip L. Weinstein for Hilario Rosario, appellant.

Ronna Gordon-Galchus, Kew Gardens, for Jose Lopez, appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Linda Cantoni and Steven J. Chananie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division in each case should be reversed and a new trial ordered.

In these cases involving charges of criminal narcotics sale arising out of a street "buy and bust," the trial court erred by closing the trial to the public during the undercover officers' testimony. The trial court's ruling in 1991 was based on a legal standard that is no longer viable under our analysis and holding...

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