PEOPLE v. JOHNSON

11849, 5638/10

116 A.D.3d 501 (2014)

983 N.Y.S.2d 531

2014 NY Slip Op 2510

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT JOHNSON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 10, 2014.


In this buy and bust case, in which defendant was found to have sold heroin to an undercover police officer, we find that defendant has not sustained his claim that Supreme Court violated his Sixth Amendment right to a public trial by closing the courtroom while the officer testified. While, initially, the court improperly granted the People's application for closure without conducting a hearing pursuant to People v Hinton (31 N.Y.2d 71...

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