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PEOPLE v. ACEVEDO

295 A.D.2d 141 (2002)

742 N.Y.S.2d 833

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO ACEVEDO, Appellant.

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

Decided June 6, 2002.

The court properly exercised its discretion in denying defendant's last-minute request for a two-week adjournment for the purpose of locating a witness. Defendant made no offer of proof whatsoever, and therefore made no showing that the absent witness's testimony would be material, noncumulative, and favorable to the defense (Matter of Anthony M., 63 N.Y.2d 270, 283-284). "The party requesting the continuance bears the burden of...

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