People v. Doud

Appellate Division of the Supreme Court of New York

People v. Doud

280 A.D.2d 955, 720 N.Y.S.2d 871, 2001 N.Y. App. Div. LEXIS 3448

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 7, 2001

StatusPublished

Cited by3 cases

This text of 280 A.D.2d 955 (People v. Doud) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Doud, 280 A.D.2d 955, 720 N.Y.S.2d 871, 2001 N.Y. App. Div. LEXIS 3448 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court abused its discretion by failing [956]*956to grant him an adjournment to permit him to call a defense witness. “Defendant failed to demonstrate that [the] witness[] would provide testimony that was material and favorable to the defense” (People v Tillman, 261 AD2d 854, 855, lv denied 93 NY2d 980; see, People v Benson, 260 AD2d 864, 865, lv denied, 93 NY2d 966). Defendant failed to preserve for our review his contention that the court failed to marshall the evidence in an even-handed manner (see, CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Yates County Court, Falvey, J. — Felony Driving While Intoxicated.) Present — Pine, J. P., Hurlbutt, Scudder, Kehoe and Burns, JJ.

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—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court abused its discretion by failing [956]*956to grant him an adjournment to permit him to call a defense witness. “Defendant failed to demonstrate that [the] witness[] would provide testimony that was material and favorable to the defense” (People v Tillman, 261 AD2d 854, 855, lv denied 93 NY2d 980; see, People v Benson, 260 AD2d 864, 865, lv denied, 93 NY2d 966). Defendant failed to preserve for our review his contention that the court failed to marshall the evidence in an even-handed manner (see, CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Yates County Court, Falvey, J. — Felony Driving While Intoxicated.) Present — Pine, J. P., Hurlbutt, Scudder, Kehoe and Burns, JJ.

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Bluebook (online)

280 A.D.2d 955, 720 N.Y.S.2d 871, 2001 N.Y. App. Div. LEXIS 3448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-doud-nyappdiv-2001.

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