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People v. Ferguson

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1997
240 A.D.2d 199 (N.Y. App. Div. 1997)

Opinion

June 10, 1997

Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).


The court properly exercised its discretion in declining to adjourn this short trial until the following week to await the appearance of a defense witness who had already been absent, without explanation, for two days. There was no reliable indication that the witness would ever appear or that the witness's testimony would be of any benefit to defendant ( People v. Hunt, 235 A.D.2d 374).

Defendant's challenges to the prosecutor's summation remarks are unpreserved, and are without merit since the challenged remarks were proper comments on issues of credibility and fair responses to defendant's summation.

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Mazzarelli, JJ.


Summaries of

People v. Ferguson

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1997
240 A.D.2d 199 (N.Y. App. Div. 1997)
Case details for

People v. Ferguson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES FERGUSON…

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

Date published: Jun 10, 1997

Citations

240 A.D.2d 199 (N.Y. App. Div. 1997)
658 N.Y.S.2d 292