PEOPLE v. MELENDEZ (1999)

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

The PEOPLE, etc., respondent, v. Wilfredo MELENDEZ, appellant.

Decided: October 04, 1999

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN and LEO F. McGINITY, JJ.

Richard L. Herzfeld, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Monique Ferrell of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered April 10, 1997, convicting him of conspiracy in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention on appeal, the defense counsel effectively waived the defendant's right to a public trial by consenting to the closure of the courtroom during the testimony of two undercover police officers (see, People v. Miller, 257 N.Y. 54, 177 N.E. 306; People v. Sevencan, 258 A.D.2d 485, 685 N.Y.S.2d 735; People v. Daughtry, 242 A.D.2d 731, 664 N.Y.S.2d 306; People v. Espejo, 237 A.D.2d 458, 655 N.Y.S.2d 973).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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