People v. Nieves

OPINION OF THE COURT

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 a public trial, requiring reversal of the Appellate Division’s order and a new trial.

Defendant was arrested for allegedly selling two glassine envelopes of heroin to…