D. Closing the Courtroom

• Jurisdiction: New York

D. Closing the Courtroom

Prior to eliciting testimony from an undercover police officer, the People frequently move to have the public excluded from the courtroom to preserve the confidentiality of the undercover officer's identity and thus his or her safety. The general rule is that an accused is entitled to a public trial, and the public cannot be excluded from the trial for less than compelling reasons.⁵⁸⁹ However, "when unusual circumstances necessitate it,"⁵⁹⁰ a courtroom may be closed when an undercover officer is involved.

Upon the application of the People to close the courtroom, the court must conduct a hearing pur-suant to People v. Hinton.⁵⁹¹ At the hearing, the court must consider the following:

1. whether the party seeking closure has advanced an overriding interest that is likely to be preju-diced,

2. whether the proposed closure will be no broader than necessary to protect the interest advanced and

3. the reasonable alternatives to closure.⁵⁹²

The court must make findings of fact at the conclusion of this hearing.⁵⁹³

The mere possibility that an undercover officer's safety might be compromised is not sufficient to justify closure.⁵⁹⁴ Rather, a court is required to "vigilantly ensure" that closing the courtroom is the only way to advance the prosecution's interest in protecting the officer's safety.⁵⁹⁵

The closing of the courtroom has been upheld where the undercover testified that he or she was...