Opinion
2643
December 24, 2002.
Judgment, Supreme Court, New York County (Rosalyn Richter, J.), rendered February 14, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
Beth Fisch, for respondent.
Laura Burde, for defendant-appellant.
Before: NARDELLI, J.P., SAXE, SULLIVAN, ROSENBERGER, ELLERIN, JJ.
By expressly agreeing to a compromise plan whereby the courtroom would be closed, during two undercover officers' testimony, to the general public and to several of the numerous persons defendant had requested to have in attendance, defendant waived his claim that his right to a public trial was violated (see People v. Sterling, 221 A.D.2d 235, lv denied 88 N.Y.2d 854; see also People v. Lanhorn, 283 A.D.2d 254, lv denied 97 N.Y.2d 642). Each of defendant's remaining claims requires preservation (see People v. Agramonte, 87 N.Y.2d 765), and we decline to review these unpreserved claims in the interest of justice. Were we to review any of defendant's claims, we would find no basis for reversal.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.