Opinion
Submitted October 26, 1999
December 6, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered November 21, 1994, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Karen Smolar, Kew Gadens, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Florence M. Sullivan, and Joseph Huttler of counsel), for respondent.
DAVID S. RITTER, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court did not improvidently exercise its discretion by denying the defendant's oral request, in the midst of the trial, for a material witness order to secure the appearance at trial of a proposed defense witness ( see, People v. Reid, 156 A.D.2d 488).
The sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
RITTER, J.P., McGINITY, H. MILLER, and FEUERSTEIN, JJ., concur.