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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SPENCER HAMMOND, Also Known as ERIC JOHNSON, Appellant.

Ordered that the judgment is affirmed.

The defendant contends that the court erred in closing the courtroom to the public during the testimony of the undercover police officers. This issue 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. Brown, 178 A.D.2d 647, 648; CPL 470.05). In any event, the evidence adduced at the hearing established that the court's decision was proper (see, People v. Planes, 158 A.D.2d 481; People v. Gonzalez, 135 A.D.2d 829).

Although it was improper for the prosecutor to indicate to the jury that his witnesses were telling the truth (see, People v Blowe, 130 A.D.2d 668), the court sustained defendant's objections and gave a detailed charge to the jury curing any potential prejudice created by the prosecutor's comments.

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Bracken, J.P., Balletta, Copertino and Hart, JJ., concur.

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PEOPLE v. HAMMOND
(Oct 3, 1994)