Opinion
April 13, 1993
Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).
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.