People v. Grant

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Garry, J.), rendered September 15, 1986, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Considering the distinct lack of diligence exhibited by the defense in its efforts to locate and subpoena a witness whose testimony it is claimed would have been relevant to the issues, and weighing that fact along with the other circumstances of this case, the trial court properly exercised its discretion in denying the defendant’s last-minute…