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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VIRGILIO RIVERA, Appellant.

Ordered that the judgment is affirmed.

The defendant maintains on appeal that the judgment should be reversed because no record was made of the informal Sandoval hearing conducted by the court. While the absence of a record makes impossible any intelligent review of the Trial Justice's Sandoval determination, the procedure was apparently undertaken with the defendant's consent and no objection was taken on the record to the informal hearing. Thus, the defendant waived any right to a formal Sandoval determination and failed to preserve any issue of law with respect thereto for appellate review (see, People v. Roundtree, 45 A.D.2d 731; see also, People v. Robinson, 159 A.D.2d 598; People v. Udzinski, 146 A.D.2d 245; People v. Worrell, 110 A.D.2d 733).

Similarly, by failing to oppose the People's request for closure of the courtroom during the testimony of the undercover police officers, the defendant waived his claim that the closure resulted in the denial of his right to a public trial (see, People v. Palasciano, 155 A.D.2d 623; People v. Scott, 134 A.D.2d 379).

The defendant contends that the court erred in admitting testimony of other criminal activity not charged in the indictment that the police observed in the defendant's building during the so-called "buy and bust" operation leading to the defendant's arrest. We disagree. No objection was raised during trial to the admission of this testimony. Therefore, any issue of law with respect thereto is similarly not preserved for appellate review (see, CPL 470.05; People v. Quesada, 118 A.D.2d 604). In any event, evidence of the other criminal activity did not involve the defendant, but was proper to complete the narrative of events leading up to the defendant's arrest (see, People v Vails, 43 N.Y.2d 364; People v. Bowden, 157 A.D.2d 789; People v Quesada, supra; People v. Gantz, 104 A.D.2d 692; People v. Hop Sing, 216 App. Div. 404, 405).

We have considered the defendant's remaining contentions and find them to be without merit. Brown, J.P., Rubin, Eiber and Rosenblatt, JJ., concur.

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PEOPLE v. RIVERA
(Jun 25, 1990)