People v. Gutierrez

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunkin, J.), rendered March 29, 1985, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

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

During the course of the trial, the prosecutrix moved to seal the courtroom during the testimony of an undercover officer, based upon her assertion that the undercover officer was still actively working in the county and that she feared for his safety in that he might be recognized…