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Court Has Discretion to Grant a Recess to Allow a Conference Between a Lawyer and a Testifying Witness

In a decision affirming Family Court’s findings in a juvenile delinquency proceeding, the Second Department noted that a judge has the discretion to recess the proceedings to allow a conference between a lawyer and the witness:

“[T]he decision to grant a recess and to allow a conference between a lawyer and a testifying witness falls within the broad discretion allowed a trial court in its management of a trial” … . Contrary to the appellant’s contention, the fact-finding court providently exercised its discretion in granting the presentment agency’s application for a mid-testimony conference with a testifying witness … . Matter of Isaiah D., 2015 NY Slip Op 03528, 2nd Dept 4-29-15

 

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