Appellate Division of the Supreme Court of New York, 1995

People v. Herrera

People v. Herrera
Appellate Division of the Supreme Court of New York · Decided January 19, 1995
211 A.D.2d 530; 622 N.Y.S.2d 438; 1995 N.Y. App. Div. LEXIS 418
People v. Herrera

Opinion of the Court

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered September 10, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to 6 to 12 years, unanimously reversed, on the law, and the matter is remitted for a new trial.

Defendant’s claim that closure of the courtroom deprived him of his right to a public trial was preserved for review in view of the trial court’s grant of the prosecutor’s application prior to affording defense counsel the opportunity to interpose his general objection (People v Gross, 179 AD2d 138, 140-141, lv denied 80 NY2d 832).

As the People concede, the bare assertion of the prosecutor that the witness was still an undercover officer was insufficient to support the closure (People v Martinez, 82 NY2d 436; People v Cuevas, 50 NY2d 1022). Concur—Rosenberger, J. P., Asch, Rubin and Nardelli, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.