PEOPLE v. LOMNICKI (2008)

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered June 30, 2006, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 3 years, unanimously affirmed.

The court properly granted the People's request that potential spectators other than defendant's family submit to a screening process before entering the courtroom during the undercover officer's testimony.   The People made a proper showing under Waller v. Georgia, 467 U.S. 39, 104 S.Ct. 2210, 81 L.Ed.2d 31 [1984] to justify such a procedure.   The officer testified at a Hinton hearing (People v. Hinton, 31 N.Y.2d 71, 334 N.Y.S.2d 885, 286 N.E.2d 265 [1972] ) that he had worked undercover in the area of defendant's arrest as recently as one to two weeks before the hearing, and he expected to return to that area as early as the next day.   Moreover, the courthouse was easily accessible from both the area where the undercover officer predominantly worked, near the Port Authority (see People v. Pearson, 82 N.Y.2d 436, 443, 604 N.Y.S.2d 932, 624 N.E.2d 1027 [1993] ), and the area where defendant was arrested, near Tompkins Square Park. He also had three or four cases pending in the courthouse, and took precautions when coming to court (see People v. Cummings, 271 A.D.2d 305, 707 N.Y.S.2d 402 [2000], lv. denied 95 N.Y.2d 864, 715 N.Y.S.2d 219, 738 N.E.2d 367 [2000];  People v. White, 271 A.D.2d 263, 706 N.Y.S.2d 391 [2000], lv. denied 95 N.Y.2d 872, 715 N.Y.S.2d 228, 738 N.E.2d 376 [2000] ).

We perceive no basis for reducing the sentence.