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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2000
272 A.D.2d 417 (N.Y. App. Div. 2000)

Opinion

Submitted March 28, 2000.

May 8, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered October 7, 1998, convicting him of grand larceny in the fourth degree, attempted grand larceny in the fourth degree, possession of burglar's tools, criminal possession of stolen property in the fourth degree (two counts), unauthorized use of a vehicle in the second degree (two counts), and criminal mischief in the fourth degree (two counts), upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Gary Fidel, and John H. Lee of counsel), for respondent.

DAVID S. RITTER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The granting of an adjournment for any purpose is a matter resting within the sound discretion of the trial court (see, People v. Spears, 64 N.Y.2d 698; People v. Rodriguez, 247 A.D.2d 841). Here, the trial court providently exercised its discretion in denying the defendant's request for an adjournment to consult with an expert concerning video surveillance equipment. The defendant was not deprived of his right to present witnesses in his defense or to present his desired defense (see, People v. Pepe, 79 A.D.2d 1011; People v. Foy, 32 N.Y.2d 473).

The defendant's remaining contentions are without merit (see, People v. Logan, 221 A.D.2d 662).

RITTER, J.P., JOY, GOLDSTEIN and H. MILLER, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2000
272 A.D.2d 417 (N.Y. App. Div. 2000)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE, etc., respondent, v. GILBERTO RIVERA, appellant. (Ind. No…

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

Date published: May 8, 2000

Citations

272 A.D.2d 417 (N.Y. App. Div. 2000)
707 N.Y.S.2d 904