SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 13, 2009
THE PEOPLE OF THE STATE OF NEW YORK,
NATHANIEL WILLIAMS, DEFENDANT-APPELLANT.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered November 21, 2006.
PRESENT: MARTOCHE, J.P., SMITH, FAHEY, CARNI, AND PINE, JJ.
MEMORANDUM AND ORDER
The judgment convicted defendant, upon a jury verdict, of unauthorized use of a vehicle in the second degree.
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, 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, ___ AD3d ___ [Oct. 2, 2009]; see also People v Brent-Pridgen, 48 AD3d 1054, 1055, lv denied 10 NY3d 860).
Patricia L. Morgan Clerk of the Court
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