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People v. Doud

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 955 (N.Y. App. Div. 2001)

Opinion

February 7, 2001.

Appeal from Judgment of Yates Count Court, Falvey, J. — Felony Driving While Intoxicated.

Pine, J. P., Hurlbutt, Scudder, Kehoe and Burns, JJ.


Judgement unanimously affirmed.

Memorandum: We reject the contention of defendant that County Court abused its discretion by failing to grant him an adjournment to permit him to call a defense witness. "Defendant failed to demonstrate that [the] witness would provide testimony that was material and favorable to the defense." (People v. Tillman, 261 A.D.2d 854, 855, lv denied 93 N.Y.2d 980; see, People v. Benson, 260 A.D.2d 864, 865, lv denied, 93 N.Y.2d 966). Defendant failed to preserve for our review his contention that the court failed to preserve for our review his contention that the court failed to marshall the evidence in an even-handed manner (see, CPL 470.05), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).


Summaries of

People v. Doud

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 955 (N.Y. App. Div. 2001)
Case details for

People v. Doud

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK; RESPONDENT, v. CHRISTOPHER DOUD…

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

Date published: Feb 7, 2001

Citations

280 A.D.2d 955 (N.Y. App. Div. 2001)
720 N.Y.S.2d 871

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