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PEOPLE v. SMITH

260 A.D.2d 253 (1999)

690 N.Y.S.2d 6

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAREEM SMITH, Appellant.

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

Decided April 20, 1999.

The court's direction that defendant if he chose to testify, was to do so while awaiting the afternoon arrival of defense witnesses was a proper exercise of discretion under all the circumstances (see, People v Smith, 166 A.D.2d 385, affd 79 N.Y.2d 779). The court exercised its power to control the flow of the proceedings in the interest of preventing the morning session of the trial from...

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