Opinion
January 24, 1991
Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).
Defendant was convicted of sodomy, attempted rape and sexual abuse of his live-in companion's three young children, and one of their cousins. We find the evidence sufficient to support the convictions. The question of the credibility of the People's witnesses was obviously resolved in their favor, and we see no reason on this record to disturb those findings of fact.
The defendant's arguments concerning remarks made by the prosecutor during summation were not preserved for review by specific objections and, where objections were sustained, the defense did not request curative instructions or move for a mistrial. We decline to reach the unpreserved issues in the interest of justice, in view of the overwhelming evidence of defendant's guilt.
Finally, we find no error in the trial court's exclusion of the defendant's brother from the courtroom. As one of the defendant's victims entered the courtroom, she began to cry and shiver. The prosecutor moved to exclude the defendant's brother from the courtroom when he determined that the brother was the cause of the child's fear. The trial court held an in camera hearing, with the parties' consent, and determined that there were compelling reasons to grant the People's motion (compare, People v Mateo, 73 N.Y.2d 928; People v Jones, 47 N.Y.2d 409, 414-415, cert denied 444 U.S. 946).
Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Smith, JJ.