In a very brief opinion, the First Department reversed the conviction in People v. Gray (1st Dept. 8/18/2011) because the trial court ordered the complete closure of the courtroom during the undercover's testimony. The Defendant requested that certain family members be allowed to stay, but the court summarily rejected the request without comment. Of particular concern to the First Department was that "the record does not otherwise show that the court considered whether there existed any reasonable accommodations that would have protected the public nature of the criminal proceedings." The court reiterated that "trial courts are required to consider alternatives to closure even when they are not offered by the parties."
The lesson for trial courts and for prosecutors is to make a proper record that explicitly considers alternatives to complete closure. (LC)