PEOPLE v. NIEVES


90 N.Y.2d 426 (1997)

683 N.E.2d 764

660 N.Y.S.2d 858

The People of the State of New York, Respondent, v. Milton Nieves, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1997.


Attorney(s) appearing for the Case

Steven Berko, New York City, and Daniel L. Greenberg for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Grace Vee and Mark Dwyer of counsel), for respondent.

Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


Chief Judge KAYE.

In an appeal centering on the issue of courtroom closure during an undercover officer's testimony in a "buy-and-bust" case, we conclude that the record was insufficient to establish a substantial probability that the officer's safety would be jeopardized by allowing defendant's wife and children to remain in the courtroom. Their exclusion therefore violated defendant's constitutional right to...

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