Opinion
KA 02-01552
February 7, 2003.
Appeal from a judgment of Supreme Court, Erie County (Tills, J.), entered March 6, 2002, convicting defendant after a jury trial of criminal possession of a weapon in the third degree.
ALAN D. GOLDSTEIN, ESQ. AND ASSOCIATES, BUFFALO (ALAN D. GOLDSTEIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (PAUL J. WILLIAMS, III, OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant failed to preserve for our review his contention that he was denied his right to an impartial jury when Supreme Court compelled the panel of prospective jurors to wait nearly an hour for defense counsel to arrive (see CPL 470.05; People v. Rosado, 202 A.D.2d 321, 322, lv denied 83 N.Y.2d 914). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see 470.15 [6] [a]). The court did not abuse its discretion in denying the request of defense counsel for a more extended adjournment to enable him to prepare his summation (cf. People v. Murphy, 88 A.D.2d 1000, 1001) or an adjournment of sentencing to enable him to prepare a written motion pursuant to CPL 330.30 (see People v. Lee, 155 A.D.2d 556, 557, lv denied 75 N.Y.2d 814; see also People v. Cummings, 284 A.D.2d 907, lv denied 97 N.Y.2d 640, 680). "A granting of an adjournment for any purpose is a matter of discretion for the trial court" (People v. Singleton, 41 N.Y.2d 402, 405).