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People v. Hickman

Appellate Division of the Supreme Court of New York, Third Department
Nov 7, 1991
177 A.D.2d 739 (N.Y. App. Div. 1991)

Opinion

November 7, 1991

Appeal from the County Court of Albany County (Turner, Jr., J.).


It was not improper for County Court to deny defendant's first request for an adjournment because of his claim that he needed more time to prepare. The case had been pending for almost four months and while defendant had been permitted to proceed pro se only the day before, he had been represented by counsel up to that point and had been specifically warned that he could do so only if it did not interfere with the case's progression. Defendant indicated at that time that he was ready to go forward (see, People v. Wade, 153 A.D.2d 969). Similarly unavailing is defendant's claim that he should have been granted an adjournment to call two witnesses. We note that he never requested their presence and, with respect to the one witness that he did request, he failed to make a showing of any attempt to locate that witness (see, People v. Edwards, 160 A.D.2d 722, lv denied 76 N.Y.2d 855). As to the denial of defendant's suppression motion, the issues he raises concern questions of credibility and the record before us fails to show any extraordinary circumstances to warrant disturbing County Court's determination thereof (see, People v. Jackson, 101 A.D.2d 955).

Mahoney, P.J., Casey, Mikoll, Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Hickman

Appellate Division of the Supreme Court of New York, Third Department
Nov 7, 1991
177 A.D.2d 739 (N.Y. App. Div. 1991)
Case details for

People v. Hickman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL S. HICKMAN…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 7, 1991

Citations

177 A.D.2d 739 (N.Y. App. Div. 1991)
575 N.Y.S.2d 731

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