People v. Morales

216 A.D.2d 175, 628 N.Y.S.2d 483, 1995 N.Y. App. Div. LEXIS 6949

Opinion

Judgment, 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.