PEOPLE v. SILVA


66 A.D.2d 662 (1978)

The People of the State of New York, Respondent, v. Jose Silva, Appellant The People of the State of New York, Respondent v. Miguel Torres, Appellant

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

December 5, 1978


Appellants Miguel Torres and Jose Silva were tried together with one Carmelo Ramos under a joint indictment. We have previously affirmed the conviction of defendant Ramos (59 A.D.2d 829). We conclude from our review of the evidence that the court committed prejudicial error when it failed to direct a severance as to defendant Torres when the latter was called as a witness by his codefendant Carmelo Ramos and was thereby compelled to assert his privilege against self incrimination...

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