PEOPLE v. SEPULVEDA

After a full hearing (People v. Martinez, 82 N.Y.2d 436), the court properly excluded all spectators, including defendant's husband, during the undercover officer's testimony, upon its finding, based on the evidence, that the husband posed no less of a risk than anyone else (compare, People v. Santos, 154 A.D.2d 284, 285-286, lv denied 75 N.Y.2d 817, with People v. Kin Kan, 78 N.Y.2d 54, 58-59).

Defendant has not demonstrated that this is a "rare case" in which the mandatory sentencing statute is unconstitutional as applied (People v. Broadie, 37 N.Y.2d 100, 119, cert denied 423 U.S. 950; People v. Thompson, 83 N.Y.2d 477).

Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Tom, JJ.