| People v Bens |
| 2005 NY Slip Op 08738 |
| Decided on November 14, 2005 |
| Appellate Division, Second Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on November 14, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTGLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
DECISION & ORDER
2001-06483
[*1]The People, etc., respondent,
v
James Bens, appellant. (Ind. No. N10748/99)
v
James Bens, appellant. (Ind. No. N10748/99)
Murray E. Singer, Great Neck, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y.
(John M. Castellano, Sharon Y.
Brodt, and William H. Branigan of
counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McKay, J.), rendered March 7, 2001, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he was denied his right to a public trial when the trial court partially closed the courtroom during the testimony of two undercover police officers was waived and, in any event, is without merit (see People v Sevencan, 258 AD2d 485).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court