Opinion
04-12-2017
The PEOPLE, etc., respondent, v. Albert NEWTON, appellant.
Lynn W.L. Fahey, New York, NY (Jenin Younes of counsel), for appellant, and appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Christine DiSalvo, and Jonathan K. Yi of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Jenin Younes of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Christine DiSalvo, and Jonathan K. Yi of counsel), for respondent.
JOHN M. LEVENTHAL, J.P. JEFFREY A. COHEN SYLVIA O. HINDS–RADIX FRANCESCA E. CONNOLLY, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Modica, J.), rendered April 16, 2014, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he was deprived of his right to counsel and his right to present a defense (see NY Const., art. I, § 6 ) by the Supreme Court's denial of defense counsel's request for an adjournment prior to the defendant's testimony is unpreserved for appellate review. In any event, the decision of whether to grant a continuance is a matter that is committed to the trial court's sound discretion (see People v. Foy, 32 N.Y.2d 473, 476, 346 N.Y.S.2d 245, 299 N.E.2d 664 ; People v. Jackson, 41 A.D.3d 498, 498, 838 N.Y.S.2d 108 ). However, where the protection of fundamental rights is involved, the court's discretion is "more narrowly construed" (People v. Spears, 64 N.Y.2d 698, 700, 485 N.Y.S.2d 521, 474 N.E.2d 1189 ; People v. Jackson, 41 A.D.3d 498, 498, 838 N.Y.S.2d 108 ).
Here, the Supreme Court providently exercised its discretion in denying defense counsel's request for an overnight adjournment. The defendant was provided with ample opportunity to confer with counsel during the subsequent lunch break and at other points before and during the course of the trial and was therefore not prejudiced by the court's denial of counsel's request (see People v. Brown, 90 A.D.3d 545, 546, 934 N.Y.S.2d 414 ; People v. Jones, 299 A.D.2d 162, 163, 753 N.Y.S.2d 361 ; People v. Quinones, 248 A.D.2d 151, 152, 670 N.Y.S.2d 14 ).
The defendant's remaining contention, raised in his pro se supplemental brief, is unpreserved for appellate review and, in any event, without merit.