People v. Smith

—Judgment, Supreme Court, New York County (Jay Gold, J.), rendered August 1, 1996, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him to a term of 10 to 20 years, unanimously affirmed.

The court’s direction that defendant if he chose to testify, was to do so while awaiting the afternoon arrival of defense witnesses was a proper exercise of discretion under all the circumstances (see, People v Smith, 166 AD2d 385, affd 79 NY2d 779). The court exercised its power to control the flow of the proceedings in the interest of preventing the morning…