PEOPLE v. GONZALEZ


233 A.D.2d 190 (1996)

650 N.Y.S.2d 107

The People of the State of New York, Respondent, v. Jose Gonzalez, Appellant

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

November 19, 1996


By indicating a willingness to proceed and otherwise acquiescing in the court's ruling that defendant would have to call his mother to the stand that same day or not at all, defendant failed to preserve for appellate review the question of whether he was deprived of his right to present a defense when the court denied his request for an adjournment for the purpose of calling his mother as an alibi witness. In any event, denial of the adjournment was a proper exercise of discretion...

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