Opinion
Submitted October 29, 1999
December 7, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered September 22, 1997, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Charles Lavine, Forest Hills, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Nicole Beder of counsel; Alyssa Eisner on the brief), for respondent.
SONDRA MILLER, J.P., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
It was not an improvident exercise of discretion for the court to deny the defendant's request for additional peremptory challenges ( see, People v. Campo, 156 A.D.2d 375; People v. Rivera, 137 A.D.2d 634). In addition, contrary to the defendant's contention, the trial court properly ordered partial closure of the courtroom during the testimony of the undercover police officer ( see, People v. Ramos, 90 N.Y.2d 490; People v. Nicot, 237 A.D.2d 310). Furthermore, no reasonable view of the evidence supports the defendant's contention that he was entitled to an agency charge ( see, People v. Herring, 83 N.Y.2d 780; People v. Gaines, 249 A.D.2d 323).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
S. MILLER, J.P., ALTMAN, SCHMIDT, and SMITH, JJ., concur.