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PEOPLE v. BANKS

45 A.D.2d 1024 (1974)

The People of the State of New York, Respondent, v. Davern J. Banks, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 29, 1974

Judgment reversed, on the law and the facts, and a new trial ordered.

Appellant was indicted along with one Charles Wills for the concerted, illicit sale of narcotics. Wills, in a separate indictment, was charged with selling narcotics on another occasion along with one Darnell Hamlett. The trial court granted the People's application to consolidate the indictments for trial. It was an improvident exercise of discretion for the court to grant the application for consolidation...

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