AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE OLIVER, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the trial court improperly closed the courtroom was not preserved for appellate review since the defendant never raised that contention at trial ( see, People v. Pearson, 82 N.Y.2d 436; People v. Udzinski, 146 A.D.2d 245). In any event, this contention is without merit. The officer testified that he expected to return to the area where the defendant had been arrested, that the officer had received threats, and that he took several precautions to preserve his identity in his frequent court appearances. These facts satisfied the criteria set forth in People v. Martinez ( 82 N.Y.2d 436, 442) ( see also, People v. Skinner, 204 A.D.2d 664; People v. Jamison, 203 A.D.2d 385).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

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

Pizzuto, J. P., Santucci, Joy and Florio, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. OLIVER
(Nov 24, 1997)