People v. Wooten, 221 A.D.2d 674 (N.Y. App. Div. 1995). · Go Syfert
People v. Wooten, 221 A.D.2d 674 (N.Y. App. Div. 1995). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: People v. Brooks (nyappdiv, 2003-08-04)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." People v. Brooks
N.Y. App. Div. · 2003 · signal: see also · confidence low
Before proceeding in the defendant’s absence, the court must make an inquiry and recite on the record the facts and reasons it relied upon in determining that the defendant’s absence was deliberate (see People v Brooks, 75 NY2d 898, 899 [1990]; see also People v Williams, 221 AD2d 674 [1995]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Joseph Wooten
Appellate Division of the Supreme Court of the State of New York.
Nov 27, 1995.
221 A.D.2d 674
1995 N.Y. App. Div. LEXIS 12428
Cited by 2 opinions  |  Published

—Appeal by the de[*675] fendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered June 1, 1994, 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 contends that he was denied his right to a public trial (see, US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4; People v Jones, 47 NY2d 409, cert denied 444 US 946). At a hearing pursuant to People v Hinton (31 NY2d 71, cert denied 410 US 911), an undercover police officer testified that he would be returning to the area and very street corner adjacent to where the defendant was arrested, and to the area where the defendant lived, in his capacity as an undercover officer, and that he was engaged in pending cases and ongoing investigations. He stated that his testimony in open court could threaten his viability as an undercover officer and could threaten his safety. That testimony met the requirements for closure set forth in People v Martinez (82 NY2d 436). The defendant does not dispute that the general requirements for closure set forth in People v Martinez (supra) had been met, but asserts that closure was overbroad, because the court "closed the courtroom to appellant’s father”. This contention is unpreserved for appellate review (see, People v Pearson, 82 NY2d 436; People v Hammond, 208 AD2d 559; People v Bouche, 208 AD2d 445).

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). Thompson, J. P., Altman, Krausman and Goldstein, JJ., concur.