Appellate Division of the Supreme Court of New York, 2001

People v. Doud

Appellate Division of the Supreme Court of New York · Decided February 7, 2001

280 A.D.2d 955; 720 N.Y.S.2d 871; 2001 N.Y. App. Div. LEXIS 3448

Cases that cite this one

3 later published cases cite this decision.

BAXTER, NATHAN, PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
People v. Baxter (Appellate Division of the Supreme Court of New York 2013)
People v. Baxter (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court abused its discretion by failing *956to grant him an adjournment to permit him to call a defense witness. “Defendant failed to demonstrate that [the] witness[] would provide testimony that was material and favorable to the defense” (People v Tillman, 261 AD2d 854, 855, lv denied 93 NY2d 980; see, People v Benson, 260 AD2d 864, 865, lv denied, 93 NY2d 966). Defendant failed to preserve for our review his contention that the court failed to marshall the evidence in an even-handed manner (see, CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Yates County Court, Falvey, J. — Felony Driving While Intoxicated.) Present — Pine, J. P., Hurlbutt, Scudder, Kehoe and Burns, JJ.

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