People v. Roberts

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before WALLACH
• Citation: People v. Roberts, 617 N.Y.S.2d 174, 208 A.D.2d 410 (N.Y. App. Div. 1994)
• Decision Date: 13 October 1994
• Parties: The PEOPLE of the State of New York, Respondent, v. John ROBERTS, Defendant-Appellant.

Page 174

617 N.Y.S.2d 174

208 A.D.2d 410

The PEOPLE of the State of New York, Respondent, v. John ROBERTS, Defendant-Appellant.

Supreme Court, Appellate Division First Department.

Oct. 13, 1994.

Before WALLACH, J.P., and KUPFERMAN, ROSS, NARDELLI and WILLIAMS, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered March 24, 1992, convicting defendant, after jury trial, of five counts of grand larceny in the third degree, twelve counts of criminal possession of a forged instrument in the second degree, fifteen counts of unlawfully using slugs in the first degree, one count of scheme to defraud in the first degree, and one count of conspiracy in the fifth degree, and sentencing him to an aggregate prison term of 3 to 9 years, unanimously affirmed.

The trial court did not abuse its discretion when it refused to grant defendant's request for a further adjournment to prepare his case in order to present three unidentified witnesses (compare, People v. Washington, 71 N.Y.2d 916, 528 N.Y.S.2d 531, 523 N.E.2d 818, with People v. Foy, 32 N.Y.2d 473, 346 N.Y.S.2d 245, 299 N.E.2d 664). Defendant failed to make the required showing of the identity and materiality of the witnesses to be called (Matter of Anthony M., 63 N.Y.2d 270, 283-284, 481 N.Y.S.2d 675, 471 N.E.2d 447; People v. Villegas, 190 A.D.2d 593, 593 N.Y.S.2d 793, lv. denied 81 N.Y.2d 978, 598 N.Y.S.2d 779, 615 N.E.2d 236), and there is nothing in the record to establish defendant's claim that the trial judge refused to permit defendant the opportunity to make an offer of proof concerning the materiality of the proposed witnesses.

The prosecution provided...