Opinion

People v. Brown

  • 188 A.D.2d 540
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 14, 1992
Status
Published
Cited by
10 cases
Authority
More cited than 82.5%

The opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered December 8, 1989, convicting him of criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he was deprived of his right to a public trial (see, People v Jones, 47 NY2d 409 , cert denied 444 US 946 ) when the Trial Judge sua sponte closed the courtroom for the testimony of the undercover police officer without having conducted a hearing or inquiry with respect to the necessity of the closure is unpreserved for appellate review. It has long been held that a defendant may waive his right to a public trial when an objection is not taken to a courtroom closure within a reasonable time thereafter (see, People v Baez, 162 AD2d 602, 603 ; People v Scott, 134 AD2d 379 ; see also, People v Miller, 257 NY 54 ).

The defendant’s remaining contention with respect to the admission of evidence concerning uncharged crimes is similarly not preserved for appellate review (CPL 470.05 [2]). In any event, any possible error committed by the trial court regarding the admission of this evidence was harmless in light of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230, 242 ). Thompson, J. P., Balletta, Eiber and Ritter, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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