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People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 630 (N.Y. App. Div. 1999)

Opinion

March 15, 1999

Appeal from the Supreme Court, Queens County (Katz, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly denied his motion to sever his trial from the codefendant's. The motion was untimely ( see, CPL 255.10 [g]; 255.20 [2]; People v. Philip, 205 A.D.2d 714), and the defendant did not demonstrate "good cause" for the untimeliness (CPL 255.20). In any event, the defendant failed to show that the core of each defense was in irreconcilable conflict with the other and that there was a significant danger that the conflict alone would lead the jury to infer the defendant's guilt ( see, People v. Mahboubian, 74 N.Y.2d 174, 183-184; People v. Seshadri, 249 A.D.2d 336).

The sentence imposed was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).

O'Brien, J. P., Thompson, Krausman and Luciano, JJ., concur.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 630 (N.Y. App. Div. 1999)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO GARCIA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 15, 1999

Citations

259 A.D.2d 630 (N.Y. App. Div. 1999)
687 N.Y.S.2d 650

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