Opinion
June 25, 1996
Appeal from the Supreme Court, New York County (Marcy Kahn, J.).
Defendant's right to a public trial was not violated by the court's partial closure of the courtroom during the testimony of the "ghost" undercover officer. In a hearing held pursuant to People v. Hinton ( 31 N.Y.2d 71, cert denied 410 U.S. 911), the officer's testimony established that he expected to return to the specific area of defendant's arrest in an undercover capacity, that he still had pending cases from prior arrests made in that area, and that he feared for his own safety and that of other undercover officers if his identity were known ( see, People v Martinez, 82 N.Y.2d 436, 440, 443; People v. Reed, 215 A.D.2d 209, 210, lv denied 86 N.Y.2d 801). We note that the court permitted defendant's family to remain in the courtroom, gave counsel an opportunity to suggest alternatives to closure, and carefully placed its ruling on the record ( see, People v. Martinez, supra, at 444, citing Waller v. Georgia, 467 U.S. 39, 48).
Defendant's challenges to portions of the prosecutor's summation are unpreserved for appellate review ( see, People v Balls, 69 N.Y.2d 641), and we decline to review them in the interest of justice.
We have reviewed defendant's multifaceted argument that he was denied the effective assistance of counsel, and upon this record, we conclude that defendant was afforded meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 146-147).
Concur — Murphy, P.J., Rosenberger, Rubin and Williams, JJ.