People v. Hamilton — 173 A.D.2d 642

Majority

p. 642

The People of the State of New York, Respondent, v Anthony Hamilton, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered December 17, 1987, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was denied the effective assistance of trial counsel. We find that when considered as a whole, trial counsel’s performance was sufficiently competent to satisfy the defendant’s constitutional right to the effective assistance of counsel (see, People v Baldi, 54 NY2d 137 ).

Since the defendant failed to object to the closure of the courtroom at trial when the undercover officer testified, the issue is unpreserved for appellate review (see, People v Scott, 134 AD2d 379 ; People v Boyd, 64 AD2d 668 ). Kunzeman, J. P., Balletta, Miller and O’Brien, JJ., concur.

Cases cited

People v. Baldi 54 NY2d 137 N.Y. 1981-10-29 p. 642