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PEOPLE v. ALVARADO

223 A.D.2d 712 (1996)

637 N.Y.S.2d 436

The People of the State of New York, Respondent, v. Luis Alvarado, Appellant

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

January 29, 1996

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Upon our review of the record, we find that the trial court's closure of the courtroom to the general public during the testimony of Undercover Police Officer 2544 was improper. At the Hinton hearing (see, People v Hinton, 31 N.Y.2d 71, cert denied 410 U.S. 911) the undercover officer, in articulating the basis of his fear...

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