Opinion
2001-02392
Argued May 30, 2002.
June 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered February 22, 2001, convicting him of assault in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Deepa Rajan of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The trial court providently exercised its discretion in denying the defendant's belated request for an adjournment to secure the attendance of a witness (see People v. Singleton, 41 N.Y.2d 402; People v. Foy, 32 N.Y.2d 473). The defendant failed to act diligently in identifying and locating the witness (see People v. Washington, 285 A.D.2d 482; People v. Savareese, 258 A.D.2d 484; People v. Blasini, 253 A.D.2d 886).
The court properly refused to charge the jury on the defense of justification since no reasonable view of the evidence supported this defense (see People v. Butts, 72 N.Y.2d 746; People v. Watts, 57 N.Y.2d 299; People v. Collins, 290 A.D.2d 457, lv denied 97 N.Y.2d 752; People v. Long, 259 A.D.2d 634).
O'BRIEN, J.P., H. MILLER, SCHMIDT and COZIER, JJ., concur.