People v. Allen

200 A.D.2d 387, 608 N.Y.S.2d 77, 1994 N.Y. App. Div. LEXIS 71

Opinion

—Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered July 16, 1991, convicting defendant, after a jury trial, of rape in the first degree, sodomy in the first degree (3 counts), and sexual abuse in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 12 Vi to 25 years on the rape and sodomy counts, and 3 Vi to 7 years on the sexual abuse count, unanimously affirmed.

Contrary to defendant’s contention, the Trial Justice did not abuse his discretion when he denied an adjournment to give defendant a further opportunity to produce a witness. Defendant was unable to state when the witness could appear and failed to establish that the testimony of this witness was material (People v Foy, 32 NY2d 473).

Nor did the court err in curtailing defense counsel’s attempt on cross-examination to explain defendant’s struggle with the police (see, People v Dlugash, 41 NY2d 725, 736; People v Etheridge, 71 AD2d 861). In any event, the error was harmless in view of the complainant’s convincing testimony which was otherwise corroborated (People v Crimmins, 36 NY2d 230). Concur — Sullivan, J. P., Carro, Rosenberger and Wallach, JJ.