Opinion
January 29, 1996
Appeal from the Supreme Court, Kings County (Firetog, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly ordered the courtroom sealed during the testimony of an undercover police officer. The officer testified that she would be returning to the area of the defendant's arrest, had received threats, had pending cases, and had lost subjects. In contrast to People v Alvarado ( 223 A.D.2d 712 [decided herewith]), the record in this case clearly reflects that the undercover officer was still involved in undercover operations in the 72nd Precinct, including the Sunset Park area where the defendant was arrested. Thus, the officer sufficiently specified grounds justifying her fear for her safety in the event she were to be required to testify in open court as required under People v Martinez ( 82 N.Y.2d 436; see also, People v Mitchell, 209 A.D.2d 444).
The trial court improperly permitted the People to bolster their identification testimony by allowing a member of a socalled "buy and bust" back-up team to reiterate the contents of the undercover police officer's radio transmission describing the defendant ( see, People v Briggs, 156 A.D.2d 574). Nevertheless, given the overwhelming evidence of the defendant's guilt, the error was harmless ( see, People v Crimmins, 36 N.Y.2d 230, 241-242).
Nor did the trial court improvidently exercise its discretion in refusing to sequester the jury over a weekend. Before the verdicts were completely read into the record one of the jurors had an epileptic seizure. The trial court sealed the verdict and admonished the jury not to discuss the case until the verdicts could be fully read on Monday, when the juror who fell ill could rejoin the proceedings. In a very similar case, the Appellate Division, First Department found that the trial court did not err in permitting the jury to go home over a weekend after a juror was rushed to the hospital just before the verdict was to be recorded ( People v Webster, 205 A.D.2d 312). Although a jury must be sequestered "during deliberations" ( People v Coons, 75 N.Y.2d 796, 797; CPL 310.10), here deliberations had been completed when the jury was permitted to go home.
The remainder of the defendant's contentions are either unpreserved for appellate review or without merit. Rosenblatt, J.P., O'Brien, Pizzuto and Goldstein, JJ., concur.