Opinion
August 21, 1995
Appeal from the Supreme Court, Kings County (Garson, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The Supreme Court's closure of the courtroom during the testimony of undercover Police Officer No. 3616 was too broad in its scope. At the hearing pursuant to People v. Hinton ( 31 N.Y.2d 71, cert denied 410 U.S. 911), the defendant sought to prevent the exclusion of his aunt, with whom he lived and the only family member who could attend the trial. There was no evidence in the record indicating that her presence would endanger the undercover officer (see, People v. Kin Kan, 78 N.Y.2d 54; People v. Davis, 210 A.D.2d 345).
The defendant's remaining contentions are either unpreserved for appellate review or do not warrant reversal. O'Brien, J.P., Santucci, Joy and Goldstein, JJ., concur.