Majority
p. 431The People of the State of New York, Respondent, v Antwan O’Conner, Also Known as Antwan O’Connor, Appellant. [933 NYS2d 858]
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 , 348 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its resolution of inconsistencies in testimony.
The court properly closed the courtroom during an undercover officer’s testimony (see Waller v Georgia, 467 US 39 [1984]; People v Ramos, 90 NY2d 490 , 497 [1997], cert denied sub nom. Ayala v New York, 522 US 1002 [1997]). Instead of ordering a complete closure, the court permitted defendant’s family and
p. 432
certain other persons to attend. In addition, it implicitly considered but rejected another alternative to closure proposed by defendant, and that determination was reasonable under the circumstances. Accordingly, the court satisfied the Waller requirement of considering alternatives to full closure (see Presley v Georgia, 558 US —, —, 130 S Ct 721 , 724 [2010]; People Mickens, 82 AD3d 430 [2011], lv denied 17 NY3d 798 [2011], cert denied 565 US —, 132 S Ct 527 [2011]; People v Manning, 78 AD3d 585 , 586 [2010], lv denied 16 NY3d 861 [2011], cert denied 565 US —, 132 S Ct 268 [2011]). Concur — Mazzarelli, J.E, Friedman, Catterson, Renwick and DeGrasse, JJ.
Cases cited
- People v. Danielson 9 NY3d 342 at 348 p. 431
- Waller v. Georgia 467 US 39 p. 431
- People v. Ramos 90 NY2d 490 at 497 p. 431
- Presley v. Georgia 130 S Ct 721 at 724 p. 432
- People v. Mickens 82 AD3d 430 p. 432
- People v. Manning 78 AD3d 585 at 586 p. 432