Opinion
Decided February 3, 1998
Appeal from the Supreme Court, New York County (Michael Obus, J.).
Closure of the courtroom during the testimony of the undercover officer was justified by his Hinton hearing testimony that he was presently involved in ongoing investigations, that he would be returning in the near future to the precise location where defendant was arrested, and that he had been threatened in the past by subjects of his investigations (see, People v. Mensah, 226 A.D.2d 161, lv denied 88 N.Y.2d 989). Furthermore, it was defendant's obligation to suggest any alternative procedures (People v. Ayala, 90 N.Y.2d 490, 504, cert denied 522 U.S. 1002, 118 S.Ct 574), which he failed to do.
Concur — Sullivan, J. P., Wallach, Williams and Andrias, JJ.