Opinion
No. KA 06-03659.
November 13, 2009.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered November 21, 2006. The judgment convicted defendant, upon a jury verdict, of unauthorized use of a vehicle in the second degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRENTON P. DADEY OF COUNSEL), FOR RESPONDENT.
Present: Martoche, J.P., Smith, Fahey, Carni and Pine, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of unauthorized use of a vehicle in the second degree (Penal Law § 165.06). Contrary to the contention of defendant, County Court did not abuse its discretion in denying his request for an adjournment to enable him to procure a witness ( see People v Moore, 41 AD3d 1149, 1151, lv denied 9 NY3d 879, reconsideration denied 9 NY3d 992). Defendant failed to preserve for our review his further contention that he was denied a fair trial based on prosecutorial misconduct ( see. CPL 470.05). In any event, that contention lacks merit inasmuch as the alleged misconduct was not so egregious as to deprive defendant of a fair trial ( see People v Shaw, 66 AD3d 1415; see also People v Brent-Pridgen, 48 AD3d 1054, 1055, lv denied 10 NY3d 860).