From Casetext: Smarter Legal Research

People v. Powell

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1998
246 A.D.2d 494 (N.Y. App. Div. 1998)

Opinion

January 29, 1998

Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).


The court properly closed the courtroom to the general public and to defendant's family during the testimony of an undercover officer ( see, People v. Nieves, 90 N.Y.2d 426; People v. Martinez, 82 N.Y.2d 436). The hearing testimony established that the undercover officer was then actively engaged in extensive, ongoing undercover operations in the area where defendant was arrested and the precise area where defendant's family resided, that he had previously encountered threatening behavior by drug dealers stemming from his undercover work and feared for his safety if the courtroom remained open during his testimony and that he found it necessary to protect his undercover status by, among other things, entering the courthouse through a nonpublic doorway. Furthermore, the officer articulated a specific need for the exclusion of defendant's relatives. Under these circumstances, the record establishes that the safety and effectiveness of the officer constituted an overriding interest that would likely be prejudiced in the absence of closure.

Concur — Ellerin, J.P., Nardelli, Wallach and Rubin, JJ.


Summaries of

People v. Powell

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1998
246 A.D.2d 494 (N.Y. App. Div. 1998)
Case details for

People v. Powell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD POWELL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 29, 1998

Citations

246 A.D.2d 494 (N.Y. App. Div. 1998)
667 N.Y.S.2d 988

Citing Cases

People v. Blake

Here, the officer testified, inter alia, that he had ongoing undercover operations and investigations within…

People v. Alvarez

In light of the above showing, the motion court should have followed well-established precedent holding that…