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PEOPLE v. ALLEN

200 A.D.2d 387 (1994)

608 N.Y.S.2d 77

The People of the State of New York, Respondent, v. Clarence Allen, Appellant

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

January 6, 1994

Contrary to defendant's contention, the Trial Justice did not abuse his discretion when he denied an adjournment to give defendant a further opportunity to produce a witness. Defendant was unable to state when the witness could appear and failed to establish that the testimony of this witness was material (People v Foy, 32 N.Y.2d 473).

Nor did the court err in curtailing defense counsel's attempt on cross-examination to explain...

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