PEOPLE v. BRYAN

10775, 2058/15, 1378/16.

179 A.D.3d 489 (2020)

113 N.Y.S.3d 880

2020 NY Slip Op 00243

The People of the State of New York, Respondent, v. Prince Bryan, Appellant.

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

Decided January 14, 2020.


The court improvidently exercised its discretion in denying the defense an adjournment to the next business day for the purpose of calling an absent witness, whose testimony would undisputedly have been material (see People v Foy, 32 N.Y.2d 473, 476-477 [1973]). We have considered and rejected the People's arguments to the contrary, as well as their claim of harmless error.

Because we are ordering a new trial, we find it...

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