From Casetext: Smarter Legal Research

People v. Simmons

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 511 (N.Y. App. Div. 1995)

Opinion

May 8, 1995

Appeal from the Supreme Court, Queens County (McGann, J.).


Ordered that the judgment is affirmed.

Closure of the courtroom during the testimony of the undercover police officers was proper (see, People v Martinez, 82 N.Y.2d 436). In light of the testimony of the officers regarding their continued assignment as undercover officers in the vicinity of the courthouse in Queens, the precautions they took to protect their identities when entering the courthouse, as well as their particularized concerns regarding lost subjects and potential trials, the trial court did not improvidently exercise its discretion in ordering the closure of the courtroom (see, People v Zamora, 211 A.D.2d 834; People v Arroyo, 208 A.D.2d 940).

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The defendant's intentional participation in the sale was demonstrated by his statement that he was "working" in response to the undercover officer's inquiry, his questioning the undercover officer as to what the officer wanted to purchase and as to whether the undercover had ever bought in the area before, and his directing a confederate to serve the undercover (see, People v Valentin, 198 A.D.2d 315, 316). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).

The defendant was not denied the effective assistance of counsel on the ground that the trial counsel failed to request a circumstantial evidence charge (see, People v Flores, 84 N.Y.2d 184, 187). Where, as here, there was direct evidence of the defendant's guilt, a circumstantial evidence charge was unwarranted (see, People v Daddona, 81 N.Y.2d 990, 992). Miller, J.P., Thompson, Pizzuto and Santucci, JJ., concur.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 511 (N.Y. App. Div. 1995)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN SIMMONS…

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

Date published: May 8, 1995

Citations

215 A.D.2d 511 (N.Y. App. Div. 1995)
626 N.Y.S.2d 823

Citing Cases

People v. Ramos

At a Hinton hearing ( see, People v Hinton, 31 NY2d 71, cert denied 410 US 911), both officers testified that…

People v. Diaz

To conceal his identity, the officer parked his car three blocks from the courthouse, and entered the…