Appellate Division of the Supreme Court of New York, 2001

People v. Rosario

People v. Rosario
Appellate Division of the Supreme Court of New York · Decided February 27, 2001
280 A.D.2d 424; 721 N.Y.S.2d 499; 2001 N.Y. App. Div. LEXIS 1939
People v. Rosario

Opinion of the Court

—Judgment, *425Supreme Court, New York County (Charles Tejada, J.), rendered March 7, 1997, 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 4V2 to 9 years, unanimously affirmed.

After making a thorough inquiry and particularized factual findings, the court properly excluded defendant’s mother and his ex-wife from the courtroom during the trial testimony of the ghost undercover officer, since the record established a “ ‘substantial probability’ ” that the officer’s safety would be jeopardized by their presence in the courtroom (People v Nieves, 90 NY2d 426, 431). Concur — Nardelli, J. P., Williams, Andrias, Wallach and Lerner, JJ.

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