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People v. Villalobos

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 887 (N.Y. App. Div. 1985)

Opinion

February 19, 1985

Appeal from the Supreme Court, Kings County (Lagana, J.).


Judgment affirmed.

Contrary to defendant's claim, we find that the trial court did not abuse its discretion in denying his motion for a severance inasmuch as defendant failed to make a showing that codefendant Mora would testify if the trials were severed and inasmuch as defendant failed to show that any testimony that Mora would give would tend to exculpate him ( see, People v Bornholdt, 33 N.Y.2d 75, cert denied sub nom. Victory v New York, 416 U.S. 905; CPL 200.40). We have considered defendant's other contentions and either find them to be unpreserved or without merit. Gibbons, J.P., Thompson, Weinstein and Brown, JJ., concur.


Summaries of

People v. Villalobos

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 887 (N.Y. App. Div. 1985)
Case details for

People v. Villalobos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AMAURY VILLALOBOS…

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

Date published: Feb 19, 1985

Citations

108 A.D.2d 887 (N.Y. App. Div. 1985)

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