Opinion
August 28, 1989
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the judgment and the order are affirmed.
For the reasons identified in People v. Legette ( 153 A.D.2d 760 [decided herewith]), the defendant's motion to set aside the verdict pursuant to CPL 440.10 was properly denied. Since the defendant failed to object to the closure of the courtroom, the issue is unpreserved for appellate review (see, People v Gonzalez, 135 A.D.2d 829, lv denied 71 N.Y.2d 969). In any event, and for reasons enunciated in People v. Legette (supra), the court properly ordered the closure of the courtroom during the testimony of the two undercover officers and the civilian informant involved in the case.
Contrary to the defendant's contentions, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support a finding of the defendant's guilt of the crimes charged beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
We have reviewed the defendant's remaining contentions and find them to be lacking in merit. Kooper, J.P., Spatt, Harwood and Rosenblatt, JJ., concur.