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PEOPLE v. BALDOMERO

37 A.D.3d 482 (2007)

829 N.Y.S.2d 207

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FULHENCIO BALDOMERO, Appellant.

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

Decided February 6, 2007.

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

In order to justify the closure of a courtroom during the testimony of an undercover police officer, the People "must first assert that a substantial probability of prejudice to a compelling interest will result from an open proceeding," and then establish "a nexus between the particular overriding interest asserted and open-court testimony" in...

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