Opinion
March 27, 1995
Appeal from the Supreme Court, Queens County (McGann, J.).
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that the trial court improvidently exercised its discretion in denying the defendant's request for an adjournment to secure the attendance of a defense witness. The record indicates that the defendant waited until the last minute to attempt to secure this witness's presence, and therefore failed to make any showing of a diligent effort to secure this witness beforehand (see, People v. Foy, 32 N.Y.2d 473; People v. Kaleem, 210 A.D.2d 257; People v. Rodriguez, 188 A.D.2d 494; People v. Moutinho, 146 A.D.2d 650). In addition, the evidence which the defendant sought to introduce through this witness's testimony was inadmissible hearsay (see, People v Castro, 174 A.D.2d 378), and that evidence had already been brought to the attention of the jury through the testimony of another witness, cross-examination of witnesses, and during the defendant's summation (see, People v. Johnson, 176 A.D.2d 269, revd on other grounds 81 N.Y.2d 828; People v. Coleman, 114 A.D.2d 906).
The defendant's remaining contention does not warrant reversal under the facts of this case. Sullivan, J.P., Lawrence, Copertino and Joy, JJ., concur.