Opinion
Submitted October 31, 2000
December 12, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered April 23, 1998, convicting him of criminal sale of a controlled substance in or near school grounds, upon a jury verdict, and imposing sentence.
David Epstein, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Karol B. Mangum of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's claim that the court improperly precluded him from asking the undercover officer his name is not preserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, the People established that the justifiable fear of the undercover officer for his safety constituted a sufficiently cognizable State interest (see, People v. Stanard, 42 N.Y.2d 74). The defendant failed to demonstrate that the name of the undercover officer was material in any way to the issues raised at trial (see, People v. Stanard, supra; People v. Remgifo, 150 A.D.2d 736).
The defendant's remaining contention is without merit.