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PEOPLE v. GATLING

Appellate Division of the Supreme Court of New York, First Department.
Jun 10, 1997

The court properly closed the courtroom during the testimony of two undercover officers, based on the officers' testimony at a Hinton hearing that they were currently and expected in the future to be engaged in undercover operations in the specific area of defendant's arrest, and that they feared for their own safety if their identities were known ( People v. Martinez, 82 N.Y.2d 436). Furthermore, the closure was limited to the extent necessary to protect the officers' safety, defendant's family not being excluded.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Williams and Mazzarelli, JJ.