The People of the State of New York, Respondent v. Milton Nieves, Appellant

Summary

The Court of Appeals reversed defendant's conviction because the trial court's closure of the courtroom during an undercover officer's buy-and-bust testimony was broader than necessary: the record showed no substantial probability that the officer's safety would be jeopardized by the presence of defendant's wife and children. Where a trial court knows family members are attending or wish to attend, their exclusion must be necessary to protect the overriding interest advanced, with reasons demonstrated and documented in the record. A new trial was ordered.