PEOPLE v. SMITH (2008)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mullen, J.), rendered April 18, 2007, convicting him of criminal sale of a controlled substance in the third degree 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's contention that the trial court's closure of the courtroom during the testimony of two undercover police officers denied him the right to a public trial is unpreserved for appellate review (see People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919).   In any event, the defendant's contention is without merit (see People v. Ramos, 90 N.Y.2d 490, 491, 662 N.Y.S.2d 739, 685 N.E.2d 492;  People v. Hodge, 53 A.D.3d 507, 861 N.Y.S.2d 131;  People v. Thomas, 52 A.D.3d 626, 860 N.Y.S.2d 562;  People v. Jemmott, 11 A.D.3d 638, 782 N.Y.S.2d 862;  People v. Martinez, 248 A.D.2d 730, 670 N.Y.S.2d 340).

 The defendant also contends that the Supreme Court's response to the jury's request for a readback of certain testimony denied him a fair trial.   Since the defendant did not object to the court's response, the issue is unpreserved for appellate review (see People v. Morris, 2 A.D.3d 652, 768 N.Y.S.2d 379).   In any event, the Supreme Court providently exercised its discretion in seeking clarification of the jury's request for a readback of the three police officers' testimony (see People v. Cottrel, 275 A.D.2d 644, 713 N.Y.S.2d 328;  People v. Ortiz, 265 A.D.2d 431, 697 N.Y.S.2d 78).   Moreover, the court did not pressure the jury to abandon its initial request to hear the testimony of the three police officers.   The court advised the jury that “[it would] have no problem of [sic] doing it” and “[it was] happy to do it,” indicating a willingness to abide by the wishes of the jury (see People v. Santiago, 231 A.D.2d 652, 647 N.Y.S.2d 954;  People v. Elie, 150 A.D.2d 719, 541 N.Y.S.2d 590).

The defendant's remaining contentions are without merit.