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PEOPLE v. RAMOS

14345, 4130/11.

125 A.D.3d 565 (2015)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL RAMOS, Appellant.

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

Decided February 26, 2015.

The court properly exercised its discretion (see generally People v Foy, 32 N.Y.2d 473 [1973]) in denying defendant's request for additional midtrial delay of the trial in order to make further attempts to obtain the presence of a building superintendent who could have allegedly testified concerning police access to a surveillance videotape. Defendant failed to make the requisite showing of the likelihood of the witness's appearance...

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