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PEOPLE v. VAILS

56 A.D.2d 939 (1977)

The People of the State of New York Respondent, v. Preston Vails, Appellant

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

March 28, 1977

Judgment affirmed.

We believe that the trial court did not abuse its discretion in denying appellant's request for a severance and a separate trial, because the acts of a coconspirator, committed during the progress of the conspiracy and in furtherance of a common scheme or plan, are admissible and provable as against all coconspirators (see People v Rastelli, 37 N.Y.2d 240, and the cases cited therein). Testimony was offered...

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