Opinion
2835.
Decided February 10, 2004.
Judgment, Supreme Court, New York County (John Cataldo, J.), rendered February 13, 2002, convicting defendant, after a jury trial, of criminal possession of a weapon in the second and third degrees and unlawful wearing of a body vest, and sentencing him to an aggregate term of 10 years, unanimously affirmed.
Jeffrey W. Davis, for Respondent.
Lyssa M. Sampson, for Defendant-Appellant.
Before: Nardelli, J.P., Mazzarelli, Ellerin, Friedman, JJ.
Defendant's claim that he was deprived of his right to a speedy trial is unreviewable because he has not provided minutes that would be dispositive of the issue ( see People v. Olivo, 52 N.Y.2d 309, 320; People v. Kramer, 181 A.D.2d 449, lv denied 79 N.Y.2d 949; see also People v. Notholt, 242 A.D.2d 251, 253).
The court properly exercised its discretion in denying defendant's request for an adjournment to locate a defense witness. Defendant failed to satisfy the criteria set forth in People v. Foy ( 32 N.Y.2d 473), and the proposed testimony was of such limited exculpatory value that its absence could not have impaired defendant's right to present a defense.
Defendant's application to preclude the People from filing a responding brief is denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.