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People v. Cuevas

Court of Appeals of the State of New York
Jul 3, 1980
50 N.Y.2d 1022 (N.Y. 1980)

Opinion

Argued May 29, 1980

Decided July 3, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, McSHANE, J.

Gary E. Divis and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Alan D. Rubinstein of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

The court may upon application by the prosecutor exclude the public from a portion of the trial during the testimony of an undercover agent in order to protect the integrity of pending investigations, as well as the witness' future usefulness, or to insure his safety from possible reprisals. The principles and procedures applicable to such a motion have been discussed at length in our prior decisions (see, e.g., People v Hinton, 31 N.Y.2d 71; People v Jones, 47 N.Y.2d 409).

Here the District Attorney sought to have the courtroom closed solely on his representation that the witness was an undercover officer. Although the court questioned the prosecutor prior to granting the motion, it erred by failing to make an adequate inquiry of the witness, as well as the factual findings prescribed in People v Jones (supra).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Order reversed, etc.


Summaries of

People v. Cuevas

Court of Appeals of the State of New York
Jul 3, 1980
50 N.Y.2d 1022 (N.Y. 1980)
Case details for

People v. Cuevas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS CUEVAS…

Court:Court of Appeals of the State of New York

Date published: Jul 3, 1980

Citations

50 N.Y.2d 1022 (N.Y. 1980)

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