PEOPLE v. WALKER (1997)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Michael WALKER, Appellant.

Decided: April 07, 1997

Before BRACKEN, J.P., and FRIEDMANN, FLORIO and McGINITY, JJ.

Daniel L. Greenberg, New York City (Natalie Rea, of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie and Ann Bordley, of counsel), for respondent.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, closure of the courtroom was proper in this case where the undercover officer's testimony established a sufficient link between his concern for his safety and open court testimony (see, People v. Martinez, 82 N.Y.2d 436, 604 N.Y.S.2d 932, 624 N.E.2d 1027; People v. Kin Kan, 78 N.Y.2d 54, 571 N.Y.S.2d 436, 574 N.E.2d 1042). Further, the fact that the defendant knew the undercover officer's name did not obviate the need for closure. “[W]hile there may have been limited disclosure of [the undercover officer's] name, there had been no disclosure of his appearance, and closure was necessary to prevent members of the public from connecting his face with his name” (People v. Johnson, 233 A.D.2d 761, 764, 650 N.Y.S.2d 408).

The defendant's remaining contentions lack merit.

MEMORANDUM BY THE COURT.

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