Opinion
July 5, 1988
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Under the circumstances, we find that the Supreme Court did not improvidently exercise its discretion by precluding the trial testimony of Frank Grillo, a nonparty witness, unless the defendant was given the opportunity to examine the witness at least two weeks prior to jury selection (see, Rozakis v. Tilo Co., 32 A.D.2d 930). Brown, J.P., Lawrence, Weinstein and Balletta, JJ., concur.