People v. Rivera

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

After a bench trial, defendant was convicted of robbery and sentenced to serve not less than one year nor more than three years. He was tried with an accomplice, who was not involved in this appeal, and it is contended on appeal that he was deprived of .due process by the denial of his motion for a continuance so that he could present a defense witness.

It appears that just after midnight on an evening in November 1974, two police officers observed two men hitting and kicking a man lying on the ground. Officer Harte recognized…