From Casetext: Smarter Legal Research

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2009
67 A.D.3d 1426 (N.Y. App. Div. 2009)

Opinion

No. KA 06-03659.

November 13, 2009.

Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered November 21, 2006. The judgment convicted defendant, upon a jury verdict, of unauthorized use of a vehicle in the second degree.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRENTON P. DADEY OF COUNSEL), FOR RESPONDENT.

Present: Martoche, J.P., Smith, Fahey, Carni and Pine, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of unauthorized use of a vehicle in the second degree (Penal Law § 165.06). Contrary to the contention of defendant, County Court did not abuse its discretion in denying his request for an adjournment to enable him to procure a witness ( see People v Moore, 41 AD3d 1149, 1151, lv denied 9 NY3d 879, reconsideration denied 9 NY3d 992). Defendant failed to preserve for our review his further contention that he was denied a fair trial based on prosecutorial misconduct ( see. CPL 470.05). In any event, that contention lacks merit inasmuch as the alleged misconduct was not so egregious as to deprive defendant of a fair trial ( see People v Shaw, 66 AD3d 1415; see also People v Brent-Pridgen, 48 AD3d 1054, 1055, lv denied 10 NY3d 860).


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2009
67 A.D.3d 1426 (N.Y. App. Div. 2009)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL WILLIAMS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 13, 2009

Citations

67 A.D.3d 1426 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8383
887 N.Y.S.2d 898