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People v. Fayton

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 2004
4 A.D.3d 143 (N.Y. App. Div. 2004)

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.


Summaries of

People v. Fayton

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 2004
4 A.D.3d 143 (N.Y. App. Div. 2004)
Case details for

People v. Fayton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD FAYTON…

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

Date published: Feb 10, 2004

Citations

4 A.D.3d 143 (N.Y. App. Div. 2004)
771 N.Y.S.2d 349

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