Opinion
December 19, 1995
Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).
Defendant's contention that the trial court erred in closing the courtroom during the testimony of the undercover police officer is not preserved for appellate review, defendant having voiced only a general objection to the closure and not having challenged the People's proof at the Hinton hearing that the officer's safety would be jeopardized by testifying in open court ( People v Brown, 216 A.D.2d 100). We decline to review the claim in the interest of justice. The prosecutor's comments on summation were fair responses to arguments made by defense counsel, and did not exceed the broad bounds of rhetorical comment permissible in closing argument ( People v Galloway, 54 N.Y.2d 396, 399). We perceive no abuse of discretion in sentencing.
Concur — Murphy, P.J., Rosenberger, Ross, Nardelli and Mazzarelli, JJ.