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PEOPLE v. PAIGE

1863, 6497/05

68 A.D.3d 609 (2009)

2009 NY Slip Op 9515

891 N.Y.S.2d 374

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS E. PAIGE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 22, 2009.

The court properly exercised its discretion in denying defendant's request for an adjournment for the purpose of attempting to locate a possible surrebuttal witness (see Matter of Anthony M., 63 N.Y.2d 270, 283-284 [1984]; People v Foy, 32 N.Y.2d 473, 476 [1973]). Defendant became aware of the People's expected rebuttal testimony five days earlier in the trial, but made no effort to locate...

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