People v. Foy

On this appeal the primary issue is whether the trial court abused its discretion in denying the appellant’s request for an adjournment in order to secure the attendance of his alibi witnesses. Because of the special circumstances present in this case, we have concluded that the refusal to grant the requested adjournment requires that the conviction be reversed and a new trial granted.

Several days prior to the trial, defense counsel advised the prosecutor that he intended to produce alibi witnesses at the trial. On the first day of trial (Wednesday, Feb. 26,1969) counsel .delivered a short…