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People v. Vargas

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1997
236 A.D.2d 258 (N.Y. App. Div. 1997)

Opinion

February 18, 1997.

Judgment, Supreme Court, New York County (Michael Obus, J.), rendered July 19, 1993, which, after a jury trial, convicted defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentenced him, as a second felony offender, to concurrent terms of imprisonment of 5 to 10 years, is unanimously affirmed.

Before: Sullivan, J.P., Ellerin, Nardelli, Tom and Andrias, JJ.


Defendant's claim that the court erred in closing the courtroom during the testimony of the undercover officer is un-preserved for appellate review as a matter of law, as defendant failed to object to the closure, and his claim is not preserved by the codefendant's objection ( People v Morales, 216 AD2d 175, lv denied 86 NY2d 845; People v Carter, 162 AD2d 218, lv denied 76 NY2d 984) and we decline to review the matter in the interest of justice. In any event, there is no evidence in the record that defendant's family was even present in the courtroom or that they were improperly excluded.


Summaries of

People v. Vargas

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1997
236 A.D.2d 258 (N.Y. App. Div. 1997)
Case details for

People v. Vargas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MODESTO VARGAS…

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

Date published: Feb 18, 1997

Citations

236 A.D.2d 258 (N.Y. App. Div. 1997)
654 N.Y.S.2d 298

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