Opinion
February 10, 1994
Appeal from the Supreme Court, Bronx County (Daniel Sullivan, J.).
The People proved defendant's identity as the drug seller beyond a reasonable doubt in this "buy and bust" case, in which an undercover police officer "ghost" witnessed the entire transaction, and the undercover police officer who made the buy made a confirmatory identification within minutes of the drug sale. Moreover, upon an independent review of the facts, we find the verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). The issues raised by defendant concerning the credibility of the undercover officer and other police witnesses were properly placed before the jury, and we find no basis to disturb its determination. Furthermore, the courtroom was properly closed for the testimony of the undercover police officer who testified at the Hinton hearing that he was still active in the area where defendant was arrested (see, People v. Martinez, 82 N.Y.2d 436).
Concur — Carro, J.P., Wallach, Asch, Nardelli and Williams, JJ.