PEOPLE v. BENS (2005)

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

The PEOPLE, etc., respondent, v. James BENS, appellant.

Decided: November 14, 2005

GLORIA GOLDSTEIN, J.P., PETER B. SKELOS, STEVEN W. FISHER, and ROBERT J. LUNN, JJ.

Murray E. Singer, Great Neck, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and William H. Branigan of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McKay, J.), rendered March 7, 2001, convicting him of criminal sale 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 he was denied his right to a public trial when the trial court partially closed the courtroom during the testimony of two undercover police officers was waived and, in any event, is without merit (see People v. Sevencan, 258 A.D.2d 485, 685 N.Y.S.2d 735).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law