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PEOPLE v. SAFIAN

59 A.D.2d 20 (1977)

The People of the State of New York, Respondent, v. David Safian, Appellant

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

July 11, 1977

Attorney(s) appearing for the Case

Litman, Friedman & Kaufamn (Herman Kaufman and Jack T. Litman of counsel), for appellant.

Carl A. Vergari, District Attorney (Jeanine Ferris Pirro of counsel), for respondent.

MARGETT, J. P., and SUOZZI, J., concur with TITONE, J.; SHAPIRO, J., dissents and votes to reverse the judgment and order a new trial, with an opinion.

TITONE, J.

In this appeal from a conviction of murder in the second degree, appellant David Safian contends, inter alia:

(1) that the trial court erred in denying his motion to sever his trial from that of codefendant Robert Miner on the ground that there was a substantial risk that the deliberations of the jury would be improperly affected by incriminatory and unredacted references to Safian in...

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