Appellate Division of the Supreme Court of New York, 2008

People v. Branch

Appellate Division of the Supreme Court of New York · Decided February 26, 2008

48 A.D.3d 826; 853 N.Y.S.2d 133

Cases that cite this one

2 later published cases cite this decision.

People v. Thomas (Appellate Division of the Supreme Court of New York 2008)
People v. Thelismond (Appellate Division of the Supreme Court of New York 2020)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered March 24, 2006, 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 affirmed.

Contrary to the defendant’s contention, the Supreme Court properly excluded his sister’s fiancé from the courtroom during the undercover officer’s testimony. Once the prosecution met its *827burden of showing that closure of the courtroom to the general public was required in order to protect the safety of the undercover officer, the burden shifted to the defendant to show that his sister’s fiancé was “linked to him by some tie of more significance than ordinary friendship” (People v Nazario, 4 NY3d 70, 74 [2005]; see People v Sweeney, 25 AD3d 335, 336 [2006]). The defendant failed to meet this burden. Rivera, J.P., Miller, Dillon and Belen, JJ., concur.

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