People v. Clark

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of attempted robbery in the first degree, criminal use of a firearm in the second degree and assault in the first degree. Defendant’s contention that County Court erred in refusing to grant an order pursuant to CPL 640.10 to secure the attendance of two out-of-State witnesses lacks merit; defendant failed to show that they would be "material” witnesses (CPL 640.10 [3]; see, People v McCartney, 38 NY2d 618, 621-622; cf., People v Trice, 101 AD2d 581, 584-586, lv denied 63 NY2d…