Opinion
December 22, 1995
Appeal from the Onondaga County Court, Burke, J.
Present — Pine, J.P., Fallon, Callahan, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The contention of defendant that he was deprived of his right to a public trial is without merit (see, People v Jones, 47 N.Y.2d 409, cert denied 444 U.S. 946). Defendant failed to object when the trial court closed the courtroom during the Wade hearing, and thus his contention is not preserved for our review (see, CPL 470.05; People v Robertson, 162 A.D.2d 953, 954, lv denied 76 N.Y.2d 863). There is no merit to the contention that defendant was deprived of a fair trial by prosecutorial misconduct. There was no pattern of egregious or frequent misconduct to warrant the "ill-suited remedy" of reversal for prosecutorial misconduct (People v Galloway, 54 N.Y.2d 396, 401). Because defendant's identity was not at issue, the requirements of CPL 710.30 were inapplicable (see, People v Newball, 76 N.Y.2d 587, 591; People v Gissendanner, 48 N.Y.2d 543, 552). The contention of defendant that the trial court forced one juror to "give up his reasonable doubt" is not preserved for our review (see, CPL 470.05), and in any event is without merit. The record does not show that the juror in question expressed disagreement with the verdict or failed to adopt it as his own (cf., People v Dawkins, 82 N.Y.2d 226, 231-232). Upon our review of the record, we conclude that the sentence is neither unduly harsh nor severe.
We have reviewed the contentions raised in defendant's pro se supplemental brief and conclude that they are without merit.