PEOPLE v. SMITH


173 A.D.2d 416 (1991)

The People of the State of New York, Respondent, v. Ronald Smith, Also Known as Ronald Owens, Appellant

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

May 30, 1991


The court's denial of the defense counsel's application for a further adjournment to secure the testimony of a witness who had failed to arrive as scheduled, and with respect to whom an hour's adjournment had already been granted that day, after the defense rested, did not constitute an abuse of discretion. Nor was the trial court's refusal to reopen the case after summations to hear testimony by the witness an abuse of discretion.

The determination of whether or...

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