Opinion
1634
September 26, 2002.
Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered December 9, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 5 to 10 years, unanimously affirmed.
CHRISTOPHER WILSON, for respondent.
MICHELLE FOX, for defendant-appellant.
Before: Mazzarelli, J.P., Andrias, Buckley, Sullivan, Lerner, JJ.
The verdict was not against the weight of the evidence. Issues of credibility, including minor inconsistencies in testimony, were properly considered by jury and there is no basis upon which to disturb its determinations (see People v. Gaimari, 176 N.Y. 84, 94).
The court properly employed a screening procedure to control access to the courtroom during the testimony of the undercover officer. The testimony at the Hinton hearing was sufficiently particularized and established a substantial probability that the officer's safety and effectiveness would be prejudiced by his testimony in an unrestricted courtroom (see People v. Jones, 96 N.Y.2d 213). Defendant's claim that the court failed to set forth adequate findings of fact to support its ruling is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court's ruling implicitly adopted the People's particularized showing (see People v. Walker, 265 A.D.2d 192, lv denied 94 N.Y.2d 331).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.