People v. Gutierez
Opinion of the Court
—Judgment, Supreme Court, New York County (Michael A. Corriero, J.), rendered February 28, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 Vi to 9 years, unanimously affirmed.
The court’s decision to close the courtroom during the testimony of the undercover officer was based on a sufficient factual showing (People v Martinez, 82 NY2d 436, 443), and the same facts justified exclusion of defendant’s family (compare, People v Santos, 154 AD2d 284, 285-286, lv denied 75 NY2d 817, with People v Kin Kan, 78 NY2d 54, 58-59). While
Defendant’s argument that he was prejudiced by the belated disclosure of exculpatory evidence is unpreserved and we decline to review it in the interest of justice. Were we to review, we would find that defendant was afforded ample opportunity to make use of this evidence (People v Cortijo, 70 NY2d 868, 870). Concur—Ellerin, J. P., Ross, Rubin and Nardelli, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.