From Casetext: Smarter Legal Research

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1990
162 A.D.2d 728 (N.Y. App. Div. 1990)

Opinion

June 25, 1990

Appeal from the Supreme Court, Kings County (Kramer, J.).


Ordered that the judgment is affirmed.

The defendant maintains on appeal that the judgment should be reversed because no record was made of the informal Sandoval hearing conducted by the court. While the absence of a record makes impossible any intelligent review of the Trial Justice's Sandoval determination, the procedure was apparently undertaken with the defendant's consent and no objection was taken on the record to the informal hearing. Thus, the defendant waived any right to a formal Sandoval determination and failed to preserve any issue of law with respect thereto for appellate review (see, People v. Roundtree, 45 A.D.2d 731; see also, People v. Robinson, 159 A.D.2d 598; People v. Udzinski, 146 A.D.2d 245; People v. Worrell, 110 A.D.2d 733).

Similarly, by failing to oppose the People's request for closure of the courtroom during the testimony of the undercover police officers, the defendant waived his claim that the closure resulted in the denial of his right to a public trial (see, People v. Palasciano, 155 A.D.2d 623; People v. Scott, 134 A.D.2d 379).

The defendant contends that the court erred in admitting testimony of other criminal activity not charged in the indictment that the police observed in the defendant's building during the so-called "buy and bust" operation leading to the defendant's arrest. We disagree. No objection was raised during trial to the admission of this testimony. Therefore, any issue of law with respect thereto is similarly not preserved for appellate review (see, CPL 470.05; People v. Quesada, 118 A.D.2d 604). In any event, evidence of the other criminal activity did not involve the defendant, but was proper to complete the narrative of events leading up to the defendant's arrest (see, People v Vails, 43 N.Y.2d 364; People v. Bowden, 157 A.D.2d 789; People v Quesada, supra; People v. Gantz, 104 A.D.2d 692; People v. Hop Sing, 216 App. Div. 404, 405).

We have considered the defendant's remaining contentions and find them to be without merit. Brown, J.P., Rubin, Eiber and Rosenblatt, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1990
162 A.D.2d 728 (N.Y. App. Div. 1990)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VIRGILIO RIVERA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 25, 1990

Citations

162 A.D.2d 728 (N.Y. App. Div. 1990)

Citing Cases

People v. Smith

Next, defendant argues that County Court erred in permitting the informant to testify regarding her purchase…

People v. Peterson

Contrary to the People's contention, we conclude that the issue of whether the defendant was deprived of his…