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People v. Klein

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 19, 1996
226 A.D.2d 1127 (N.Y. App. Div. 1996)

Opinion

April 19, 1996

Appeal from the Ontario County Court, Harvey, J.

Present — Lawton, J.P., Wesley, Callahan, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The contentions of defendant that his arraignment on a special information and the admission of a Horizontal Gaze Nystagmus test were improper are not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to review them as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). County Court's denial of defendant's request for an adjournment of the suppression hearing was within the sound discretion of the court ( see, People v. Singleton, 41 N.Y.2d 402, 405; see also, People v. Hopkins, 76 N.Y.2d 872, 873). Upon requesting an adjournment to produce a witness, defendant "failed to indicate to the court when, if ever, the witness could be produced" ( People v. Patterson, 177 A.D.2d 1042, lv denied 79 N.Y.2d 1052).


Summaries of

People v. Klein

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 19, 1996
226 A.D.2d 1127 (N.Y. App. Div. 1996)
Case details for

People v. Klein

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN D. KLEIN…

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

Date published: Apr 19, 1996

Citations

226 A.D.2d 1127 (N.Y. App. Div. 1996)
642 N.Y.S.2d 829