Legal Opinion

People v. Kenny

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 2001PublishedCited by 7 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]). We reject the contention of defendant that County Court abused its discretion in denying his motions on October 6, 1997 and October 17, 1997 to postpone the trial because of the death of an expert witness. Defendant had ample opportunity to prepare his defense (see, People v Miller, 239 AD2d 888, 889). Despite the fact that the trial was postponed for several months in…

2Cases cited4 opinions

  1. People v. VentimigliaNew York Court of Appeals · 1981
  2. People v. SheppardAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. WellsAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by7 opinions

  1. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. OrmsbyAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. HendrixAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. KirkeyAppellate Division of the Supreme Court of the State of New York · 2024
  5. People v. OrmsbyAppellate Division of the Supreme Court of the State of New York · 2014

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