People v. Sanabria

301 A.D.2d 307, 750 N.Y.S.2d 604, 2002 N.Y. App. Div. LEXIS 11732
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 5, 2002
StatusPublished
Cited by5 cases

This text of 301 A.D.2d 307 (People v. Sanabria) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Sanabria, 301 A.D.2d 307, 750 N.Y.S.2d 604, 2002 N.Y. App. Div. LEXIS 11732 (N.Y. Ct. App. 2002).

Opinion

OPINION OF THE COURT

Rubin, J.

Defendant contends that he was deprived of his Sixth Amendment right to a public trial, arguing that the People failed to establish any overriding interest subject to prejudice if the courtroom had remained open. The People argue that this issue is unpreserved for appellate review because defendant failed to object to a limited closure of the courtroom during the testimony of an undercover officer. We find both contentions to be without merit and hold that where it is demonstrated that the ability of the police to conduct undercover operations in a specific area would be compromised by the exposure of a police officer to undue risk of identification, an overriding interest is established that justifies narrowly tailored measures to safeguard the identity of the witness. Where the defendant fails in his obligation to advance more limited means to accomplish this purpose, the propriety of the measures employed to effect the limited closure is unpreserved for review.

Defendant sold three vials of crack cocaine to an undercover detective on the northeast corner of 138th Street and Cypress Avenue in Bronx County. The sale was witnessed by a backup or “ghost” officer, who was called to testify at trial. The officer related concerns for his safety to the Assistant District Attorney, who requested that the court “close the courtroom to everyone besides the defendant’s immediate family” during the undercover officer’s testimony.

[309]*309In the face of defense counsel’s opposition to the People’s application, the court conducted a Hinton hearing (People v Hinton, 31 NY2d 71, cert denied 410 US 911) immediately prior to the officer’s taking the stand. The officer testified that he was involved in undercover operations in the 40th Precinct, both purchasing narcotics and acting as a ghost officer for the protection of other officers making purchases. He stated that he expected to return to the vicinity of 138th Street and Cypress Avenue to participate in future operations in the same capacity. He indicated that he had no ongoing investigations or pending cases in that area; however, subjects of previous investigations conducted in proximity to the site of defendant’s arrest were still at large (so-called “lost subjects”). While he had not observed any of these lost subjects near the courthouse, he had remained in the Assistant District Attorney’s office prior to testifying for the precise purpose of avoiding courthouse encounters. He expressed concern for his personal safety if he were to give testimony in open court, stating a fear that “I’ll be recognized when I’m in the street, when I’m trying to do a B[uy] and B[ust].”

After receiving this testimony and listening to the arguments of counsel, the court noted that “none of the [p]eople that he’s arrested or the undercovers he’s ghosted for have cases pending” and that 138th Street and Cypress Avenue is located at some distance from the courthouse. Therefore, “people from that neighborhood are not gonna just be w[a]ndering * * * into this courthouse as they might if he were conducting undercover operations here in this neighborhood, and you might have people who walk into a courtroom, which is people’s right, I just don’t see that there is a particular need, a compelling need to close the courtroom [for] this officer.” The court further indicated that no member of the public had yet come into the courtroom and that there was “nothing about this case that has any special notoriety that is going to attract people.”

The court did, however, indicate its “concern as to whether people from the area of 138th and Cypress might come in and identify him and jeopardize him.” The court therefore proposed that a court officer be stationed at the door to ask those seeking entry where they reside. Should anyone indicate residence in the vicinity of the location of the arrest, the court proposed to interrupt the proceedings to discuss the matter with counsel and then render a decision whether to exclude or admit the individual. The court concluded by asking each attorney, individually, if this arrangement would be agreeable, to which defense counsel responded, “That’s fine.”

[310]*310The jury then heard the testimony of the undercover officer. The court noted for the record that “during this witness’s testimony, the only people that did enter the courtroom were two people who I knew to be attorneys.” The court further observed that no one else had sought to gain admission.

The parties to this appeal frame their dispute in terms of whether, under these circumstances, defendant waived his Sixth Amendment right to a public trial. The People contend that defendant’s acquiescence in the limited screening procedure ultimately adopted by the court to protect the witness renders the question of closure unpreserved for appellate review. Defendant answers that even a limited restriction on access to the courtroom necessarily implicates his Sixth Amendment rights. While these Sixth Amendment considerations are certainly material, the constitutional rights possessed by defendant are only part of any analysis of the propriety of closing a courtroom. Determination of this issue involves more than the rights of the defendant and, significantly, the origin of the rules governing closure can be traced directly to the First Amendment.

Openness of judicial proceedings is a defining tenet of Anglo-American law, the importance of which extends to both the defendant and to society at large (see United States v Doe, 63 F3d 121, 125-126). But, as the Court of Appeals stated in People v Martinez (82 NY2d 436, 441), “The guarantee of a public trial (US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4) is fundamental, but neither absolute nor inflexible.” While a court has the inherent discretion to exclude members of the public, its exercise is subject to the limitation that “unusual circumstances” must be shown to require it (id., quoting People v Hinton, supra at 76).

The question before this Court is whether the limited measures utilized by the trial justice to restrict public access to the courtroom are justified by the interests of the witness in his safety and of the New York City Police Department in conducting undercover operations involving this officer. As defendant candidly concedes, “Both the People and the Defendant agreed to this screening procedure.” However, analysis appropriately proceeds not on whether the right to a public trial has been waived, as the parties frame the issue, but on whether each party has fulfilled the obligations imposed upon it by law at a particular stage of the proceedings.

At the outset, it should be observed that irrespective of defendant’s acquiescence in the screening procedure ultimately [311]*311adopted by the court, the propriety of even the limited closure during the course of this trial remains subject to appellate review. “When the procedure requested impacts on a defendant’s right to a public trial, nothing less than an overriding interest can satisfy constitutional scrutiny” (People v Jones, 96 NY2d 213, 219, citing Waller v Georgia, 467 US 39, 48). The extent to which access to the courtroom is restricted has no bearing on the obligation to establish, at the outset, that closure is necessary to preserve a higher interest.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. K.U.
37 Misc. 3d 551 (New York Supreme Court, 2012)
People v. Anonymous
97 A.D.3d 1 (Appellate Division of the Supreme Court of New York, 2012)
City of New York v. Three Good Fellows Inc.
5 A.D.3d 209 (Appellate Division of the Supreme Court of New York, 2004)
People v. John
2 A.D.3d 537 (Appellate Division of the Supreme Court of New York, 2003)
People v. Canty
2 A.D.3d 535 (Appellate Division of the Supreme Court of New York, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
301 A.D.2d 307, 750 N.Y.S.2d 604, 2002 N.Y. App. Div. LEXIS 11732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanabria-nyappdiv-2002.