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People v. Diaz

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1988
137 A.D.2d 551 (N.Y. App. Div. 1988)

Opinion

February 1, 1988

Appeal from the Supreme Court, Kings County (Egitto, J.).


Ordered that the judgment is affirmed.

The trial court did not abuse its discretion in denying the defendant's request for a continuance to produce an alibi witness. The identity of this witness was disclosed and the request for a continuance was made for the first time when the People rested. The defendant failed to show any degree of diligence in identifying and locating this witness or good cause for his delay (see, People v Foy, 32 N.Y.2d 473, 476, 478; People v Jackson, 111 N.Y. 362; People v Peralta, 127 A.D.2d 803, lv denied 69 N.Y.2d 953).

We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Rubin, Eiber and Sullivan, JJ., concur.


Summaries of

People v. Diaz

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1988
137 A.D.2d 551 (N.Y. App. Div. 1988)
Case details for

People v. Diaz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL DIAZ, Appellant

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

Date published: Feb 1, 1988

Citations

137 A.D.2d 551 (N.Y. App. Div. 1988)