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PEOPLE v. WHITEHEAD

155 A.D.2d 567 (1989)

The People of the State of New York, Respondent, v. Jerome Whitehead, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 13, 1989

Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion when it refused to grant the defendant's application for a continuance to secure the presence of a witness. There was no showing that the potential testimony of the absent witness was material or relevant to any issue in the trial (see, Matter of Anthony M., 63 N.Y.2d 270, 283-284; People v Meaney,

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