PEOPLE v. FAYTON

Defendant's claim that he was deprived of his right to a speedy trial is unreviewable because he has not provided minutes that would be dispositive of the issue ( see People v. Olivo, 52 N.Y.2d 309, 320; People v. Kramer, 181 A.D.2d 449, lv denied 79 N.Y.2d 949; see also People v. Notholt, 242 A.D.2d 251, 253).

The court properly exercised its discretion in denying defendant's request for an adjournment to locate a defense witness. Defendant failed to satisfy the criteria set forth in People v. Foy ( 32 N.Y.2d 473), and the proposed testimony was of such limited exculpatory value that its absence could not have impaired defendant's right to present a defense.

Defendant's application to preclude the People from filing a responding brief is denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.