The People, etc., respondent, v. Aleksander Dikshteyn, appellant. (2010)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Aleksander Dikshteyn, appellant.

2008-01025 (Ind.No. 20090 /06)

Decided: October 19, 2010

REINALDO E. RIVERA, J.P. DANIEL D. ANGIOLILLO CHERYL E. CHAMBERS LEONARD B. AUSTIN, JJ.

Lynn W.L. Fahey, New York, N.Y. (Katherine A. Levine of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Christopher Casa on the brief), for respondent.

Argued-October 4, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Henry, J.), rendered January 4, 2008, convicting him of attempted criminal contempt in the second degree and harassment in the second degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

There is no merit to the defendant's contention that he was deprived of his right to present a defense as a result of the Supreme Court's refusal to grant him a further adjournment to secure the continued testimony of a witness. Any evidence that the defendant could have elicited from that witness would have been cumulative of evidence already elicited from three other defense witnesses (see People v. Jackson, 41 AD3d 498, 499; People v. Mertens, 97 A.D.2d 595, 596).

RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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