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People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1997
237 A.D.2d 303 (N.Y. App. Div. 1997)

Opinion

March 3, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered April 21, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Before: Rosenblatt, J.P., Ritter, Copertino and Krausman, JJ.


Ordered that the judgment is affirmed.

Prior to the testimony of an undercover officer, the prosecutor and the defendant stipulated to a limited closure of the courtroom, and thereby resolved any issue relating to the defendant's right to a public trial.

By inadvertence, and without the knowledge, control, expectation, or fault of either party, the span of the agreement was extended, until it was brought to the attention of the court for correction. Under these circumstances, reversal of the defendant's conviction is not warranted ( see, People v Peterson, 81 NY2d 824).

The defendant's remaining contentions are without merit.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1997
237 A.D.2d 303 (N.Y. App. Div. 1997)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO GONZALEZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 3, 1997

Citations

237 A.D.2d 303 (N.Y. App. Div. 1997)
655 N.Y.S.2d 375