Opinion
1997-02538
Argued February 19, 2002.
March 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered March 5, 1997, convicting him of sodomy in the first degree (two counts), sexual abuse in the first degree (two counts), incest, and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.
Mischel, Neuman Horn, P.C., New York, N.Y. (Richard E. Mischel of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Michael Tarbutton of counsel), for respondent.
Before: DAVID S. RITTER, J.P., CORNELIUS J. O'BRIEN, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
Additionally, the trial court providently exercised its discretion in denying the defendant's request for an adjournment. The determination whether to grant a continuance is ordinarily committed to the sound discretion of the trial court (see, Matter of Anthony M., 63 N.Y.2d 270, 283; People v. Singleton, 41 N.Y.2d 402, 405; cf., People v. Spears, 64 N.Y.2d 698, 699).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without mert.
RITTER, J.P., O'BRIEN, CRANE and COZIER, JJ., concur.