Appeal by the People from an order of the Justice Court, Town of Wallkill, Orange County (R. Freehill, J.), dated June 18, 2002, granting defendant's motion to suppress.

Order unanimously affirmed.

On appeal, the People contend that the court erred by not granting their request for an adjournment of the hearing upon defendant's motion to suppress. A review of the record indicates that both parties requested numerous adjournments over a 20-month period. On May 14, 2002, the court below advised the parties that the case was being marked as final, directing them to be ready to proceed on June 18, 2002. The People's witness, the arresting officer, was subpoenaed to appear and testify at said hearing. However, the witness was not available to testify on that date. Inasmuch as the "granting of an adjournment for any purpose is a matter of discretion for the trial court" (People v Singleton, 41 NY2d 402, 405 [1977]), we find that under the facts and circumstances of this case, the court below acted well within its discretion in denying the People's request for an adjournment, and properly granted defendant's suppression motion since the People had no witnesses available to testify.

The People's remaining contentions have no merit.
Decision Date: December 23, 2003