Opinion
2002-02840.
Decided December 8, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hurkin-Torres, J.), rendered March 26, 2002, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Richard L. Herzfeld, for appellant.
Charles J. Hynes, District Attorney, (Leonard Joblove, Sholom J. Twersky, and Isaac S. Greaney of counsel), for respondent.
Before: NANCY E. SMITH, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contentions concerning the closure of the courtroom during the testimony of the "ghost" undercover police officer are not preserved for appellate review and, in any event, are without merit ( see CPL 470.05; People v. Sanabria, 301 A.D.2d 307; People v. Davis, 300 A.D.2d 69; People v. Oliphant, 258 A.D.2d 536; People v. Escabar, 226 A.D.2d 650).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions either are not properly before this court, unpreserved for appellate review, or without merit.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.