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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT WELLS, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred in closing the courtroom during the testimony of two undercover officers is unpreserved for appellate review ( see, People v Hammond, 208 A.D.2d 559; People v Brown, 178 A.D.2d 647). In any event, the contention is without merit. Each officer testified at hearings pursuant to People v Hinton ( 31 N.Y.2d 71, cert denied 410 U.S. 911) that he would be returning to the area of the defendant's arrest, that he had received threats, and that he had pending cases and had lost subjects in the same area. The officers sufficiently specified their fear in testifying in open court as required under People v Martinez ( 82 N.Y.2d 436; see, People v Mitchell, 209 A.D.2d 444).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Balletta, J.P., Sullivan, Joy and Krausman, JJ., concur.

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PEOPLE v. WELLS
(Mar 4, 1996)