Opinion
January 6, 1994
Appeal from the Supreme Court, New York County (Thomas Galligan, J.).
Contrary to defendant's contention, the Trial Justice did not abuse his discretion when he denied an adjournment to give defendant a further opportunity to produce a witness. Defendant was unable to state when the witness could appear and failed to establish that the testimony of this witness was material (People v. Foy, 32 N.Y.2d 473).
Nor did the court err in curtailing defense counsel's attempt on cross-examination to explain defendant's struggle with the police (see, People v. Dlugash, 41 N.Y.2d 725, 736; People v Etheridge, 71 A.D.2d 861). In any event, the error was harmless in view of the complainant's convincing testimony which was otherwise corroborated (People v. Crimmins, 36 N.Y.2d 230).
Concur — Sullivan, J.P., Carro, Rosenberger and Wallach, JJ.