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PEOPLE v. COOPER
Appellate Division of the Supreme Court of New York, First Department.
Dec 10, 1996
Defendant's claim that he was deprived of his right to exercise his religion when the court failed to adjourn the trial on a Friday is unpreserved for the appellate review ( see, People v Iannelli, 69 NY2d 684) and waived. The record reveals that defendant never made a specific request for an adjournment, and that the court never ordered defendant to appear on that day nor threatened defendant with forfeiture of his right to be present. Moreover, when defendant did appear, he freely testified without making any further mention of his religious obligations.
We perceive no abuse of sentencing discretion.
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