Div. 1st Dep't 1997) (mem.); People v. Diaz, 655 N.Y.S.2d 544 (App. Div. 2d Dep't 1997); People v. Espejo, 655 N.Y.S.2d 973 (App. Div. 2d Dep't 1997) (mem.)
The codefendant was at large and a bench warrant had been issued for his arrest. In addition, while the undercover testified that she no longer worked in Brooklyn, she still had occasion to return to there to testify before the Grand Jury and there were still 10 "lost subjects" who had yet to be arrested (see, People v. Diaz, 237 A.D.2d 457, lv denied 90 N.Y.2d 892; see also, People v. Ramos, supra, 90 N.Y.2d, at 499). The undercover also testified as to threats she had received, although none were particularly related to the instant case (see, People v. Martinez, supra, 82 N.Y.2d, at 443).
Moreover, the defendant's family and the defense counsel's colleague were permitted to remain in the courtroom. Accordingly, the defendant's right to a public trial was not violated ( see, People v. Brown, 243 A.D.2d 641; People v. Diaz, 237 A.D.2d 457). Miller, J. P., Ritter, Goldstein and Luciano, JJ., concur.
The testimony at the Hinton hearing (see, People v. Hinton, 31 N.Y.2d 71, 76, cert denied 410 U.S. 911) established that the officer was to return to the arrest area for future undercover work, had been threatened previously, had been assaulted by a lost subject who identified him as a police officer, and took precautions to keep his identity secret whenever his presence was required at hearings or trials. Closure of the courtroom during the testimony of an undercover police officer was therefore warranted here (see, People v. Ramos, 90 N.Y.2d 490, 500, cert denied sub nom. Ayala v. New York, ___ U.S. ___, 118 S.Ct. 574; People v. Pearson, 82 N.Y.2d 436, 443; People v. Pagan, 245 A.D.2d 312; People v. Green, 244 A.D.2d 571; People v. Whiteside, 243 A.D.2d 744; People v. Pryor, 243 A.D.2d 656; People v. Pastrana, 237 A.D.2d 628; People v. Diaz, 237 A.D.2d 457; People v. Nicot, 237 A.D.2d 310). The defendant's Rosario claim is unpreserved for appellate review, and, in any event, is without merit.