People v. Scott

Appellate Division of the Supreme Court of New York

People v. Scott

211 A.D.2d 589, 622 N.Y.S.2d 21, 1995 N.Y. App. Div. LEXIS 825

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 31, 1995

StatusPublished

This text of 211 A.D.2d 589 (People v. Scott) 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. Scott, 211 A.D.2d 589, 622 N.Y.S.2d 21, 1995 N.Y. App. Div. LEXIS 825 (N.Y. Ct. App. 1995).

Pincite

Opinion

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 12, 1993, convicting defendant, after jury trial, of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

Following a hearing, the trial court appropriately exercised its discretion in granting the prosecutor’s application that the courtroom be closed during the undercover officer’s trial testi[590]*590mony, based on the officer’s hearing testimony that he was then actively engaged in ongoing undercover operations in the area in which the instant arrest occurred, an area from which the courthouse was readily accessible, and reasonably feared for his safety if he testified in open court (see, People v Martinez, 82 NY2d 436). It was not necessary for the undercover officer to testify that threats he had received came from a particular person (People v Santos, 154 AD2d 284, 286, lv denied 75 NY2d 817). As the officer expressed a particularized fear for his safety and for the safety of family members if his unusual surname were revealed in court, the trial court properly permitted the officer to testify without revealing his surname (People v Boyd, 164 AD2d 800, 802, lv denied 77 NY2d 904).

We have considered defendant’s additional claims of error and find them to be without merit. Concur—Sullivan, J. P., Ellerin, Rubin and Williams, JJ.

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

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 12, 1993, convicting defendant, after jury trial, of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

Following a hearing, the trial court appropriately exercised its discretion in granting the prosecutor’s application that the courtroom be closed during the undercover officer’s trial testi[590]*590mony, based on the officer’s hearing testimony that he was then actively engaged in ongoing undercover operations in the area in which the instant arrest occurred, an area from which the courthouse was readily accessible, and reasonably feared for his safety if he testified in open court (see, People v Martinez, 82 NY2d 436). It was not necessary for the undercover officer to testify that threats he had received came from a particular person (People v Santos, 154 AD2d 284, 286, lv denied 75 NY2d 817). As the officer expressed a particularized fear for his safety and for the safety of family members if his unusual surname were revealed in court, the trial court properly permitted the officer to testify without revealing his surname (People v Boyd, 164 AD2d 800, 802, lv denied 77 NY2d 904).

We have considered defendant’s additional claims of error and find them to be without merit. Concur—Sullivan, J. P., Ellerin, Rubin and Williams, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

211 A.D.2d 589, 622 N.Y.S.2d 21, 1995 N.Y. App. Div. LEXIS 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scott-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack