Majority
p. 175The People of the State of New York, Respondent, v Angel Morales, Appellant. [628 NYS2d 483]
Judgment,
p. 176
Supreme Court, New York County (Martin Rettinger, J.), rendered September 28, 1993, convicting defendant, after jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.
Defendant’s claim the court erred in closing the courtroom during the testimony of the undercover officer is unpreserved for appellate review as a matter of law, defendant having failed to object when the court, after conducting a Hinton hearing sought by the codefendant but not defendant, granted the People’s application for closure (CPL 470.05 [2]; see, People v Neiblas, 213 AD2d 498 ; People v Carter, 162 AD2d 218 , lv denied 76 NY2d 984 ), and we decline to review the issue in the interest of justice. Concur—Murphy, P. J., Ellerin, Wallach, Rubin and Tom, JJ.
Cases cited
- People v. Carter 162 AD2d 218 p. 176