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PEOPLE v. STEWART

295 A.D.2d 249 (2002)

745 N.Y.S.2d 151

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFATAH STEWART, Appellant.

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

Decided June 25, 2002.

Defendant was afforded a meaningful opportunity to consult with counsel and to prepare to testify and offer exculpatory evidence before the grand jury (see, People v Sawyer, 96 N.Y.2d 815). After having one day to consult with newly assigned counsel, defendant was offered, but declined, two additional days within which to testify and present his alibi witness. The only explanation offered by defendant in his request for further delay...

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