Opinion
December 16, 1997
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J., on motion; Allen Alpert, J., at Parker hearing; Ira Beal, J., at jury trial and sentence).
As the People correctly concede, defendant was improperly tried in absentia ( see, People v. Parker, 57 N.Y.2d 136, 141). Accordingly, a new trial was required. Summary denial of defendant's motion to suppress the undercover officer's confirmatory identification was proper ( see, People v. Wharton, 74 N.Y.2d 921, 922-923; People v. Morales, 37 N.Y.2d 262, 271-272). Defendant's court closure claim is rendered academic by the above disposition. Should the People seek a closure order on retrial, a new hearing would be required.
Concur — Murphy, P.J., Sullivan, Milonas, Mazzarelli and Andrias, JJ.