Opinion
570064/02.
Decided January 12, 2004.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered December 14, 2001 after a jury trial (Judith A. Levitt, J., on CPL 30.30 motion; Robert M. Stolz, J., at trial and sentence) convicting him of five counts of petit larceny (Penal Law § 155.25) and three counts of falsifying business records in the second degree (Penal Law § 175.05), and imposing sentence.
Judgment of conviction rendered December 14, 2001 (Judith A. Levitt, J., on CPL 30.30 motion; Robert M. Stolz, J., at trial and sentence) affirmed.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
We sustain the denial of defendant's CPL 30.30 motion, since we agree that the sole adjournment period now contested (December 11, 2000-January 24, 2001) was properly excluded. The People were entitled to a reasonable amount of time to prepare for trial following decision on defendant's omnibus motion ( see, People v. Luna, 261 AD2d 245, lv denied 93 NY2d 1004; People v. Heine, 238 AD2d 212, lv denied 90 NY2d 905) and defendant, having obtained the adjourn date specifically requested by his counsel, will not now be heard to argue that the length of the adjournment was unreasonable ( see, People v. Brown, 195 AD2d 310, lv denied 82 NY2d 891).
Defendant's hearsay claims are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find no error warranting reversal. No evidence was received suggesting that defendant had been implicated by nontestifying witnesses ( see, People v. Blackwood, 295 AD2d 292), and the prosecution's questionable, but unobjected to remarks during opening and closing statements did not unduly prejudice the defendant ( see, People v. Tosca, 98 NY2d 660).
This constitutes the decision and order of the court.