NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
November 13, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
NATHANIEL WILLIAMS, APPELLANT.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered November 21, 2006. The judgment convicted defendant, upon a jury verdict, of unauthorized use of a vehicle in the second degree.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him, upon a jury verdict, of unauthorized use of a vehicle in the second degree (Penal Law § 165.06). Contrary to the contention of defendant, County Court did not abuse its discretion in denying his request for an adjournment to enable him to procure a witness (see People v Moore, 41 AD3d 1149, 1151 , lv denied 9 NY3d 879 , reconsideration denied 9 NY3d 992 ). Defendant failed to preserve for our review his further contention that he was denied a fair trial based on prosecutorial misconduct (see CPL 470.05 ). In any event, that contention lacks merit inasmuch as the alleged misconduct was not so egregious as to deprive defendant of a fair trial (see People v Shaw, 66 AD3d 1415 ; see also People v Brent-Pridgen, 48 AD3d 1054, 1055 , lv denied 10 NY3d 860 ).
Present---Martoche, J.P., Smith, Fahey, Carni and Pine, JJ.
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