People v. Wells, 225 A.D.2d 567 (N.Y. App. Div. 1996). · Go Syfert
People v. Wells, 225 A.D.2d 567 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
7 citation events (2 in the last 25 years) across 1 distinct court.
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discussed Cited as authority (rule) People v. Owens
N.Y. App. Div. · 2007 · confidence medium
Testimony from one of the investigators at the Hinton hearing (see People v Hinton, 31 NY2d 71 [1972], cert denied 410 US 911 [1973]), established, inter alia, that they were still active in undercover work in the area of the defendant’s arrest, they had identified suspects who had not yet been arrested, and their safety would be jeopardized and they would likely be prevented from conducting further undercover work if compelled to testify in open court (see People v Martinez, 82 NY2d 436, 442-443 [1993]; People v Lopez, 19 AD3d 510, 511 [2005]; People v Green, 244 AD2d 571 [1997]; People v W…
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The People of the State of New York
v.
Albert Wells
Appellate Division of the Supreme Court of the State of New York.
Mar 4, 1996.
225 A.D.2d 567
Cited by 5 opinions  |  Published

[*568] The defendant’s contention that the trial court erred in closing the courtroom during the testimony of two undercover officers is unpreserved for appellate review (see, People v Hammond, 208 AD2d 559; People v Brown, 178 AD2d 647). In any event, the contention is without merit. Each officer testified at hearings pursuant to People v Hinton (31 NY2d 71, cert denied 410 US 911) that he would be returning to the area of the defendant’s arrest, that he had received threats, and that he had pending cases and had lost subjects in the same area. The officers sufficiently specified their fear in testifying in open court as required under People v Martinez (82 NY2d 436; see, People v Mitchell, 209 AD2d 444).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Balletta, J. P., Sullivan, Joy and Krausman, JJ., concur.