From Casetext: Smarter Legal Research

People v. Ward

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 637 (N.Y. App. Div. 1997)

Opinion

March 31, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered November 23, 1992, convicting him of murder in the second degree (two counts), arson in the second degree, and criminally negligent homicide (two counts), upon a jury verdict, and imposing sentence.

Before: Rosenblatt, J. P., Pizzuto, Altman and Luciano, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court did not improvidently exercise its discretion when it denied his request for an adjournment to secure the attendance of a defense witness. The defendant failed to demonstrate due diligence in securing this witness's presence at the hearing ( see, People v McQuilkin, 213 AD2d 680; People v Kaleem, 210 AD2d 257; People v Vickers, 163 AD2d 500).

The defendant's remaining contention does not require reversal.


Summaries of

People v. Ward

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 637 (N.Y. App. Div. 1997)
Case details for

People v. Ward

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARTER WARD, Appellant

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

Date published: Mar 31, 1997

Citations

237 A.D.2d 637 (N.Y. App. Div. 1997)
655 N.Y.S.2d 1017

Citing Cases

People v. Degondea

Further, the record is silent as to any discussion between counsel and the potential witness as to the timing…