PEOPLE v. ECHEVARRIA

Nos. 59, 60, 61.

21 N.Y.3d 1 (2013)

989 N.E.2d 9

966 N.Y.S.2d 747

2013 NY Slip Op 3019

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX ECHEVARRIA, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW Moss, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN JOHNSON, Appellant.

Court of Appeals of New York.

Decided April 30, 2013.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City, for appellant in the first above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( David E.A. Crowley and Patrick J. Hynes of counsel), for respondent in the first above-entitled action.

Fried, Frank, Harris, Shriver & Jacobson LLP, New York City ( Justin M. Ross , Peter L. Simmons and Jennifer L. Colyer of counsel), and Richard M. Greenberg , Office of the Appellate Defender ( Joseph M. Nursey of counsel), for appellant in the second above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Christopher P. Marinelli and Patrick J. Hynes of counsel), for respondent in the second above-entitled action.

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Lauren Stephens-Davidowitz of counsel), for appellant in the third above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( David P Stromes and Patrick J. Hynes of counsel), for respondent in the third above-entitled action.

Opinion by Judge GRAFFEO. Chief Judge LIPPMAN and Judges READ, SMITH, PIGOTT and RIVERA concur, Chief Judge LIPPMAN in a separate opinion, in which Judge RIVERA concurs.


OPINION OF THE COURT

GRAFFEO, J.

The primary issue in each of these buy-and-bust cases is whether the trial court properly closed the courtroom to the general public during the testimony of undercover officers. We conclude that the limited closures comported with Sixth Amendment public trial principles, but a new trial is required in one case based on an erroneous jury charge on the agency defense.

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