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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARIDAD RAMIREZ, Also Known as CAREDEED RAMIREZ, Appellant.

Since defendant has no statutory right to be present at a hearing to determine whether the courtroom should be sealed during an undercover officer's testimony (People v Davis, 166 A.D.2d 280, lv denied 77 N.Y.2d 837; cf., People v Morales, 80 N.Y.2d 450), the trial court did not err in deciding the issue in defendant's absence.

In view of defendant's prior arrest record, the nature of the sale, and her low-level involvement in the drug trade, the sentence was excessive to the extent indicated (see, People v Acosta, 157 A.D.2d 485).

Concur — Sullivan, J.P., Milonas, Kassal and Rubin, JJ.

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PEOPLE v. RAMIREZ
(Apr 13, 1993)