PEOPLE v. KENNY


283 A.D.2d 950 (2001)

725 N.Y.S.2d 773

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH P. KENNY, Appellant.

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

Decided May 2, 2001.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him after a jury trial of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]). We reject the contention of defendant that County Court abused its discretion in denying his motions on October 6, 1997 and October 17, 1997 to postpone the trial because of the death of an expert witness. Defendant had ample...

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