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PEOPLE v. MOORE

2476, 137N/13.

145 A.D.3d 552 (2016)

2016 NY Slip Op 08447

44 N.Y.S.3d 27

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY MOORE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 15, 2016.

Defendant's family members were improperly excluded from the closed courtroom during the testimony of an undercover officer. It is undisputed that the evidence presented at a Hinton hearing did not demonstrate that the "exclusion of [defendant's family members was] necessary to protect the interest advanced by the People in support of closure" (People v Nieves, 90 N.Y.2d 426, 430 [1997]; see also Waller v Georgia, ...

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