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PEOPLE v. FOWLER

61 A.D.3d 698 (2009)

876 N.Y.S.2d 498

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCEL FOWLER, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 7, 2009.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant's request to call a witness at the suppression hearing. The right to call witnesses at a criminal proceeding is not absolute (see People v Chipp, 75 N.Y.2d 327, 336-337 [1990]), and the defendant's request was not supported by a "bona fide factual predicate" (People v Witherspoon,

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