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People v. Cuevas

409 N.E.2d 1360, 50 N.Y.2d 1022, 431 N.Y.S.2d 686, 1980 N.Y. LEXIS 2548
CourtNew York Court of Appeals
DecidedJuly 3, 1980
StatusPublished
Cited by16 cases

This text of 409 N.E.2d 1360 (People v. Cuevas) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cuevas, 409 N.E.2d 1360, 50 N.Y.2d 1022, 431 N.Y.S.2d 686, 1980 N.Y. LEXIS 2548 (N.Y. 1980).

Opinion

[1024]*1024OPINION OF THE COURT

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 NY2d 71; People v Jones, 47 NY2d 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.

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Bluebook (online)
409 N.E.2d 1360, 50 N.Y.2d 1022, 431 N.Y.S.2d 686, 1980 N.Y. LEXIS 2548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cuevas-ny-1980.