People v Bazil (Crawford)

[*1] People v Bazil (Crawford) 2015 NY Slip Op 51640(U) Decided on November 18, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 18, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
570460/13

The People of the State of New York, Respondent,

against

Crawford Bazil, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J.), rendered April 18, 2013, after a nonjury trial, convicting him of driving while intoxicated per se and driving while intoxicated, and imposing sentence.

Per Curiam.

Judgment of conviction (Anthony J. Ferrara, J.), rendered April 18, 2013, affirmed.

Defendant's present argument that the court should have made certain inquiries of the jury before granting a brief (five-day) adjournment to accommodate a key prosecution witness, is unpreserved for appellate review. Although defendant objected to the adjournment and requested a mistrial, he did not request that the court make any inquiry of the jury in connection with the adjournment (see People v Knight, 84 AD3d 670, 671 [2011], lv denied 17 NY3d 860 [2011]; People v Webb, 60 AD3d 496, 497 [2009], lv denied 13 NY3d 800 [2009]). We also decline to review the issue in the interest of justice. As an alternative holding, we reject it on the merits (see People v Rosado, 125 AD3d 505, 506 [2015]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: November 18, 2015