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People v. Wells

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1996
225 A.D.2d 567 (N.Y. App. Div. 1996)

Opinion

March 4, 1996

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


Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred in closing the courtroom during the testimony of two undercover officers is unpreserved for appellate review ( see, People v Hammond, 208 A.D.2d 559; People v Brown, 178 A.D.2d 647). In any event, the contention is without merit. Each officer testified at hearings pursuant to People v Hinton ( 31 N.Y.2d 71, cert denied 410 U.S. 911) that he would be returning to the area of the defendant's arrest, that he had received threats, and that he had pending cases and had lost subjects in the same area. The officers sufficiently specified their fear in testifying in open court as required under People v Martinez ( 82 N.Y.2d 436; see, People v Mitchell, 209 A.D.2d 444).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Balletta, J.P., Sullivan, Joy and Krausman, JJ., concur.


Summaries of

People v. Wells

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1996
225 A.D.2d 567 (N.Y. App. Div. 1996)
Case details for

People v. Wells

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT WELLS, Appellant

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

Date published: Mar 4, 1996

Citations

225 A.D.2d 567 (N.Y. App. Div. 1996)
638 N.Y.S.2d 745

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