| People v Smith |
| 2008 NY Slip Op 09631 [57 AD3d 579] |
| December 2, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v BlairSmith, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, andMarie John-Drigo of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mullen, J.),rendered April 18, 2007, convicting him of criminal sale of a controlled substance in the third degreeand criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contention that the trial court's closure of the courtroom during the testimony oftwo undercover police officers denied him the right to a public trial is unpreserved for appellate review(see People v Gray, 86 NY2d 10 [1995]). In any event, the defendant's contention is withoutmerit (see People v Ramos, 90 NY2d 490, 491 [1997]; People v Hodge, 53 AD3d 507 [2008]; People v Thomas, 52 AD3d 626[2008]; People v Jemmott, 11 AD3d638 [2004]; People v Martinez, 248 AD2d 730 [1998]).
The defendant also contends that the Supreme Court's response to the jury's request for areadback of certain testimony denied him a fair trial. Since the defendant did not object to the court'sresponse, the issue is unpreserved for appellate review (see People v Morris, 2 AD3d 652 [2003]). In any event, the SupremeCourt providently exercised its discretion in seeking clarification of the jury's request for a readback ofthe three police officers' testimony (see People v Cottrel, 275 AD2d 644 [2000]; People vOrtiz, [*2]265 AD2d 431 [1999]). Moreover, the court did notpressure the jury to abandon its initial request to hear the testimony of the three police officers. Thecourt advised the jury that "[it would] have no problem of [sic] doing it" and "[it was] happy todo it," indicating a willingness to abide by the wishes of the jury (see People v Santiago, 231AD2d 652 [1996]; People v Elie, 150 AD2d 719 [1989]).
The defendant's remaining contentions are without merit. Miller, J.P., Dickerson, Leventhal andBelen, JJ., concur.