The motion court providently exercised its discretion in denying defense counsel's request for an adjournment at the close of the People's case during the Mapp hearing, in order to subpoena a police officer for the defense case. Defendant failed to demonstrate a reasonable excuse for failing to subpoena that officer prior to the hearing, and also failed to demonstrate the materiality of that officer's testimony at the hearing (see, People v Foy,
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PEOPLE v. CHARLTON
239 A.D.2d 104 (1997)
657 N.Y.S.2d 552
The People of the State of New York, Respondent, v. Charles Charlton, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 1, 1997
May 1, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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