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THE PEOPLE, ETC., respondent, v. ENRIQUE DIAZ, appellant. (Ind. No. 15188/94)

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court erred in closing the courtroom during the testimony of an undercover police officer is unpreserved for appellate review since the defendant failed to object when the court, following a hearing, granted the People's application for closure (see, People v. Hammond, 208 A.D.2d 559; People v. Brown, 178 A.D.2d 647; People v. Hamilton, 173 A.D.2d 642; People v. Watkins, 153 A.D.2d 767; see also, People v. Brown, 188 A.D.2d 540).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).

JOY, J.P., FRIEDMANN, SCHMIDT, and SMITH, JJ., concur.

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PEOPLE v. DIAZ
(Oct 18, 1999)