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People v. Tineo

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 1995
212 A.D.2d 407 (N.Y. App. Div. 1995)

Opinion

February 9, 1995

Appeal from the Supreme Court, New York County (Edward Sheridan, J.).


The trial court properly granted the People's application to close the courtroom to the extent of excluding everyone except defendant's brother, because the officer had numerous open cases from the same area of the subject sale and continued to work in an undercover capacity there, notwithstanding defendant's claim that the officer had not been threatened by anyone and was not involved in any "major" investigations (People v. Aguayo, 200 A.D.2d 541, lv denied 83 N.Y.2d 963).

The court correctly gave a prompt limiting instruction to the jury that the prior inconsistent Grand Jury testimony of the undercover officer should be used solely for impeachment purposes (People v. Gelikkaya, 84 N.Y.2d 456), instead of waiting until its final charge to the jury (see, 1 CJI[NY] 4.01, at 138).

We have considered defendant's remaining contentions, and find them to be without merit.

Concur — Sullivan, J.P., Wallach, Rubin, Ross and Tom, JJ.


Summaries of

People v. Tineo

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 1995
212 A.D.2d 407 (N.Y. App. Div. 1995)
Case details for

People v. Tineo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE TINEO, Appellant

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

Date published: Feb 9, 1995

Citations

212 A.D.2d 407 (N.Y. App. Div. 1995)
622 N.Y.S.2d 122

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