People v. Budd

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The question as to whether the People have exercised due diligence in their efforts to locate or produce an informant, whose testimony may be needed by the defendant at trial (People v Jenkins, 41 NY2d 307), is essentially factual. A determination of this nature, if affirmed by the intermediate appellate court, is beyond review in this court unless the evidence is insufficient, as a matter of law, to support the finding (cf. People v Oden, 36 NY2d 382).

Here the defendant argues that the police did not…