People v. Tolentino

Murphy, P. J., and Rosenberger, J., dissent in a memorandum by Rosenberger, J., as follows:

As the Court of Appeals first articulated in People v Jones (47 NY2d 409, 415, cert denied 444 US 946) and reaffirmed in People v Martinez (82 NY2d 436, 442), "a trial court’s own impressions of the general vicissitudes of undercover narcotics work” do not alone provide a sufficient basis for a closure order. Closure of the courtroom is permitted only where the conclusions drawn from an inquiry adequately "assure the court that the defendant’s right to a public trial is not being sacrificed for less…