| People v Roberts |
| 2008 NY Slip Op 03715 [50 AD3d 530] |
| April 24, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Rasheen Roberts, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Jean Soo Park of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Ralph A. Fabrizio, J.), rendered April 24, 2006,convicting defendant, after a jury trial, of robbery in the second degree and attempted robbery inthe second degree, and sentencing him to consecutive terms of six years and four years,respectively, unanimously affirmed.
The court properly exercised its discretion (see People v Foy, 32 NY2d 473, 477-478[1973]) in denying defendant's request that the commencement of trial be delayed to enable himto interview certain potential witnesses. The court provided a suitable remedy by affordingdefense counsel or his investigator an opportunity to interview these witnesses during juryselection, and the court specifically assured counsel that there would be no opening statementsuntil these interviews were conducted. Counsel interviewed both witnesses, and advised the courtthat although he had additional questions for one of them, he was ready for opening statements.Counsel ultimately chose not to call either witness. Defendant has not demonstrated that he wasprejudiced in any manner by this procedure.
To the extent that defendant's challenges to the reliability of certain trial testimony can beviewed as a claim that the verdict was against the weight of the evidence, we reject such claim(see People v Danielson, 9 NY3d342, 348-349 [2007]). Defendant's remaining contentions, including those relating to thecriteria employed by the court in imposing sentence, are [*2]unpreserved and we decline to review them in the interest of justice.As an alternative holding, we also reject them on the merits. Concur—Tom, J.P.,Mazzarelli, Williams and Sweeny, JJ.