PEOPLE v. RIVERA (1999)

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered March 21, 1996, convicting defendant, after a jury trial, of criminal possession 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.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence.   We see no reason to disturb the jury's credibility determinations.   The court properly closed the courtroom during the undercover officer's testimony, and was not required to consider alternatives to closure sua sponte (People v. Ramos, 90 N.Y.2d 490, 504-505, 662 N.Y.S.2d 739, 685 N.E.2d 492, cert. denied 522 U.S. 1002, 118 S.Ct. 574, 139 L.Ed.2d 413).   Viewed as a whole, the court's charge on reconciling inconsistencies in testimony conveyed the appropriate legal principles (People v. Coleman, 70 N.Y.2d 817, 523 N.Y.S.2d 433, 517 N.E.2d 1319).   We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.

MEMORANDUM DECISION.