Opinion
October 22, 1992
Appeal from the Supreme Court, New York County (Paul P.E. Bookson, J.).
The trial court's denial of defendant's application for a second adjournment to attempt to locate and interview a potential witness on the ground that any testimony by such witness would at best be cumulative was in the circumstances an appropriate exercise of discretion (People v Singleton, 41 N.Y.2d 402, 405). In addition, the trial court properly denied defendant's application for a missing witness charge in connection with that potential witness. Diligent efforts to locate such witness which were unsuccessful, evidenced that he was not within the control of the People. Further, there was no showing that such witness could offer any material, noncumulative evidence favorable to the People (People v Gonzalez, 68 N.Y.2d 424, 427).
We have reviewed defendant's additional claims of error and find them to be either unpreserved or without merit.
Concur — Carro, J.P., Milonas, Ellerin and Asch, JJ.