PEOPLE v. MARTINEZ, 54 N.Y.2d 723 (1981)

426 N.E.2d 488, 442 N.Y.S.2d 994

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN DE JESUS MARTINEZ, Appellant.

Court of Appeals of the State of New York.
Decided July 7, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ROYAL S. RADIN, J.

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Judith Zerden, Bertrand J. Kahn and William E. Hellerstein
for appellant.

Eugene Gold, District Attorney (Michael Yoeli of counsel), for respondent.

On summary consideration, order affirmed. It cannot be said the trial court abused its discretion in refusing to grant a continuance in the in camera hearing held to determine whether disclosure of the confidential informant was required. Where the defendant fails to establish the need for production, the trial court’s decision to end the in camera hearing on that issue does not deprive the defendant of his constitutional right to confrontation (see People v

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Goggins, 34 N.Y.2d 163, cert den 419 U.S. 1012). We have examined defendant’s other contentions and find them to be without merit.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.