PEOPLE v. TORRES (1998)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered May 7, 1996, convicting him of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant claims that the court erred in directing that the courtroom be closed during the testimony of the undercover officer.   The testimony at the Hinton hearing (see, People v. Hinton, 31 N.Y.2d 71, 76, 334 N.Y.S.2d 885, 286 N.E.2d 265, cert. denied 410 U.S. 911, 93 S.Ct. 970, 35 L.Ed.2d 273) established that the officer was to return to the arrest area for future undercover work, had been threatened previously, had been assaulted by a lost subject who identified him as a police officer, and took precautions to keep his identity secret whenever his presence was required at hearings or trials.   Closure of the courtroom during the testimony of an undercover police officer was therefore warranted here (see, People v. Ramos, 90 N.Y.2d 490, 500, 662 N.Y.S.2d 739, 685 N.E.2d 492, cert. denied sub nom. Ayala v. New York, 522 U.S. 1002, 118 S.Ct. 574, 139 L.Ed.2d 413;  People v. Pearson, 82 N.Y.2d 436, 443, 604 N.Y.S.2d 932, 624 N.E.2d 1027;  People v. Pagan, 245 A.D.2d 312, 670 N.Y.S.2d 116;  People v. Green, 244 A.D.2d 571, 664 N.Y.S.2d 618;  People v. Whiteside, 243 A.D.2d 744, 665 N.Y.S.2d 527;  People v. Pryor, 243 A.D.2d 656, 664 N.Y.S.2d 54;  People v. Pastrana, 237 A.D.2d 628, 655 N.Y.S.2d 1012;  People v. Diaz, 237 A.D.2d 457, 655 N.Y.S.2d 544;   People v. Nicot, 237 A.D.2d 310, 655 N.Y.S.2d 376).

 The defendant's Rosario claim is unpreserved for appellate review, and, in any event, is without merit.   The court properly conducted an in camera examination of writings made by the prosecutor during her interview with a police witness (see, People v. Barrigar, 233 A.D.2d 845, 649 N.Y.S.2d 756), and found them to be as the prosecutor represented, that is, either not relevant to the witness, or material that was attorney work product (see, People v. Shaw, 212 A.D.2d 745, 622 N.Y.S.2d 599;  People v. Roberts, 178 A.D.2d 622, 577 N.Y.S.2d 672;  cf., People v. Austin, 75 N.Y.2d 723, 730, 551 N.Y.S.2d 190, 550 N.E.2d 443;  People v. Gourgue, 239 A.D.2d 357, 657 N.Y.S.2d 737).

MEMORANDUM BY THE COURT.