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]).