280 A.D.2d 424 721 N.Y.S.2d 499

The People of the State of New York, Respondent, v Aristofanes Rosario, Appellant.

[721 NYS2d 499]

—Judgment, *425Supreme Court, New York County (Charles Tejada, J.), rendered March 7, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

After making a thorough inquiry and particularized factual findings, the court properly excluded defendant’s mother and his ex-wife from the courtroom during the trial testimony of the ghost undercover officer, since the record established a “ ‘substantial probability’ ” that the officer’s safety would be jeopardized by their presence in the courtroom (People v Nieves, 90 NY2d 426, 431). Concur — Nardelli, J. P., Williams, Andrias, Wallach and Lerner, JJ.

People v. Rosario
280 A.D.2d 424 721 N.Y.S.2d 499

Case Details

Name
People v. Rosario
Decision Date
Feb 27, 2001
Citations

280 A.D.2d 424

721 N.Y.S.2d 499

Jurisdiction
New York

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