PEOPLE v. SMALLS (2000)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Amos SMALLS, Defendant-Appellant.

Decided: September 26, 2000

LERNER, J.P., ANDRIAS, SAXE, BUCKLEY and FRIEDMAN, JJ.

Penny Rosenberg, for Respondent. Heather C. Gottry, Richard M. Greenberg, Risa Gerson, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered April 15, 1999, 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 4 1/212 to 9 years, unanimously affirmed.

Contrary to defendant's contention, the trial court, in its Sandoval ruling, properly balanced the probative value of defendant's 1992 conviction for attempted criminal sale of a controlled substance in the fifth degree against its potential for undue prejudice (see, People v. Pena, 251 A.D.2d 26, 35, 675 N.Y.S.2d 330, lv. denied 92 N.Y.2d 929, 680 N.Y.S.2d 470, 703 N.E.2d 282).

Also proper under the circumstances was the trial court's posting of a court officer outside the courtroom door with instructions to notify the court if anyone wished to enter. Such screening of potential spectators did not a constitute a closure of the courtroom (People v. Carillo, 267 A.D.2d 43, 700 N.Y.S.2d 114).

MEMORANDUM DECISION.

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