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PEOPLE v. ROBINSON

Appellate Division of the Supreme Court of New York, Second Department.
Jun 18, 2002
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ORDERED that the judgment is affirmed.

The trial court providently exercised its discretion in denying the defendant's belated request for an adjournment to secure the attendance of a witness (see People v. Singleton, 41 N.Y.2d 402; People v. Foy, 32 N.Y.2d 473). The defendant failed to act diligently in identifying and locating the witness (see People v. Washington, 285 A.D.2d 482; People v. Savareese, 258 A.D.2d 484; People v. Blasini, 253 A.D.2d 886).

The court properly refused to charge the jury on the defense of justification since no reasonable view of the evidence supported this defense (see People v. Butts, 72 N.Y.2d 746; People v. Watts, 57 N.Y.2d 299; People v. Collins, 290 A.D.2d 457, lv denied 97 N.Y.2d 752; People v. Long, 259 A.D.2d 634).

O'BRIEN, J.P., H. MILLER, SCHMIDT and COZIER, JJ., concur.