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PEOPLE v. SMITH

47 A.D.3d 414 (2008)

848 N.Y.S.2d 648

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICOLE SMITH, Also Known as ONICA THOMPSON, Appellant.

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

Decided January 3, 2008.

The court properly exercised its discretion (see CPL 410.70 [2]; People v Ebert, 18 A.D.3d 963, 964 [2005]) in denying defendant's request for a further adjournment of her already adjourned probation violation hearing for the purpose of trying to ascertain the existence and whereabouts of a claimed videotape of the shoplifting incident at issue. There was no reason to believe that an adjournment for that purpose would have...

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