Opinion
November 24, 1997
Appeal from the Supreme Court, Kings County (Demarest, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly exercised its discretion when it closed the courtroom during the trial testimony of two undercover officers. Both officers testified at the Hinton hearing ( People v. Hinton, 31 N.Y.2d 71, cert denied 410 U.S. 911), inter alia, that they were still active in undercover work in the area of the defendant's arrest, that they had lost subjects in the area, and/or had identified suspects who had not yet been arrested, that they entered the courthouse discretely, and that they feared for their safety if they were compelled to testify in open court ( see, People v. Martinez, 82 N.Y.2d 436; People v. Kin Kan, 78 N.Y.2d 54; People v Wells, 225 A.D.2d 567). The trial court did not err in failing, sua sponte, to explicitly consider lesser alternatives to closure ( see, People v. Ayala, 90 N.Y.2d 490).
Rosenblatt, J. P., Ritter, McGinity and Luciano JJ., concur.