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People v. Hammond

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1994
208 A.D.2d 559 (N.Y. App. Div. 1994)

Opinion

October 3, 1994

Appeal from the County Court, Suffolk County (Vaughn, J.).


Ordered that the judgment is affirmed.

The defendant contends that the court erred in closing the courtroom to the public during the testimony of the undercover police officers. This issue is unpreserved for appellate review since the defendant failed to object when the court, following a hearing, granted the People's application for closure (see, People v. Brown, 178 A.D.2d 647, 648; CPL 470.05). In any event, the evidence adduced at the hearing established that the court's decision was proper (see, People v. Planes, 158 A.D.2d 481; People v. Gonzalez, 135 A.D.2d 829).

Although it was improper for the prosecutor to indicate to the jury that his witnesses were telling the truth (see, People v Blowe, 130 A.D.2d 668), the court sustained defendant's objections and gave a detailed charge to the jury curing any potential prejudice created by the prosecutor's comments.

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Bracken, J.P., Balletta, Copertino and Hart, JJ., concur.


Summaries of

People v. Hammond

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1994
208 A.D.2d 559 (N.Y. App. Div. 1994)
Case details for

People v. Hammond

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SPENCER HAMMOND, Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 3, 1994

Citations

208 A.D.2d 559 (N.Y. App. Div. 1994)
616 N.Y.S.2d 1000

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