Opinion
May 1, 1997
Appeal from the Supreme Court, New York County (James Yates, J.).
The motion court providently exercised its discretion in denying defense counsel's request for an adjournment at the close of the People's case during the Mapp hearing, in order to subpoena a police officer for the defense case. Defendant failed to demonstrate a reasonable excuse for failing to subpoena that officer prior to the hearing, and also failed to demonstrate the materiality of that officer's testimony at the hearing ( see, People v. Foy, 32 N.Y.2d 473, 476).
Defendant's claim regarding the prejudicial impact of the court's Sandoval ruling is unpreserved for review ( see, People v. Medina, 171 A.D.2d 559, Iv denied 78 N.Y.2d 924), and we decline to review it in the interest of justice. Were we to review it, we would find that the court, in this nonjury trial, providently exercised its discretion and balanced the relevant factors ( People v. Walker, 83 N.Y.2d 455, 458-459).
Concur — Murphy, P.J., Ellerin, Nardelli, Williams and Andrias, JJ.