PEOPLE v. VETERE


287 A.D.2d 316 (2001)

731 N.Y.S.2d 163

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS VETERE, Appellant.

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

Decided October 16, 2001.


The court properly exercised its discretion in denying defendant's request for a continuance to the next day, made on the ground that defendant was too "tired" to take the stand at that time. The application was made in the morning, on the last day of the trial, and the court properly concluded that defendant's claim of fatigue was merely a delaying tactic (cf., People v Sawyer, 274 A.D.2d 603, 606, affd 96...

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