Legal Opinion

People v. Baldomero

Appellate Division of the Supreme Court of the State of New York

Decided February 6, 2007Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered March 11, 2005, convicting him of criminal sale of a controlled substance in or near school grounds, upon a jury verdict, and imposing sentence.

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

In order to justify the closure of a courtroom during the *483testimony of an undercover police officer, the People “must first assert that a substantial probability of prejudice to a compelling interest will result from an open proceeding,” and then establish “a nexus between the…

2Cases cited11 opinions

  1. Waller v. GeorgiaSupreme Court of the United States · 1984
  2. People v. HintonNew York Court of Appeals · 1972
  3. People v. MartinezNew York Court of Appeals · 1993
  4. People v. JonesNew York Court of Appeals · 1979
  5. People v. RamosNew York Court of Appeals · 1997

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