Opinion
2000-10841
Submitted September 4, 2003.
October 6, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered October 24, 2000, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Lyle Frank of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court deprived him of his right to a public trial by closing the courtroom during the testimony of two undercover officers is unpreserved for appellate review ( see People v. Casper, 287 A.D.2d 575). In any event, the testimony adduced at the Hinton hearing ( see People v. Hinton, 31 N.Y.2d 71, cert denied 410 U.S. 911) revealed that closure was necessary to protect the safety of the undercover officers and the integrity of their ongoing investigations ( see People v. Hargett, 293 A.D.2d 757; People v. Akaydin, 258 A.D.2d 466).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
FLORIO, J.P., S. MILLER, FRIEDMANN and LUCIANO, JJ., concur.