Opinion
June 27, 1995
Appeal from the Supreme Court, New York County (Martin Rettinger, J.).
Defendant's claim the court erred in closing the courtroom during the testimony of the undercover officer is unpreserved for appellate review as a matter of law, defendant having failed to object when the court, after conducting a Hinton hearing sought by the codefendant but not defendant, granted the People's application for closure (CPL 470.05; see, People v. Neiblas, 213 A.D.2d 498; People v. Carter, 162 A.D.2d 218, lv denied 76 N.Y.2d 984), and we decline to review the issue in the interest of justice.
Concur — Murphy, P.J., Ellerin, Wallach, Rubin and Tom, JJ.