PEOPLE v. BERNARD


210 A.D.2d 419 (1994)

620 N.Y.S.2d 414

The People of the State of New York, Respondent, v. Devon Bernard, Appellant

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

December 19, 1994


Ordered that the judgment is modified, on the law, by providing that all the terms of imprisonment shall run concurrently to each other; as so modified, the judgment is affirmed.

The trial court did not improvidently exercise its discretion in denying the defendant's motion for leave to call alibi witnesses, made during pretrial proceedings immediately prior to the commencement of the trial. The defendant did not proffer a reasonable excuse for his failure to file...

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