Moss v. Colvin, No. 15-2272 (2d Cir. 2017)Annotate this Case
Petitioner appealed the denial of his habeas petition filed under 28 U.S.C. 2254. The state trial court, during the trial testimony of the undercover officers involved in petitioner's arrest, closed the courtroom to the general public to protect the safety of the officers. Petitioner alleged violation of his Sixth Amendment right to a public trial. The court concluded that the New York Court of Appeals correctly held that a reviewing court may infer from the record that a trial court fulfilled its obligation to consider alternatives to closure, and that the New York Court of Appeals reasonably concluded that the government had established an overriding interest justifying closure. Because the New York Court of Appeals' decision was not contrary to, or involved an unreasonable application of, clearly established law or was based on an unreasonable determination of the facts, the court affirmed the judgment.