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PEOPLE v. QUARANTA

74 A.D.2d 910 (1980)

The People of the State of New York, Respondent, v. Michael C. Quaranta, Appellant

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

March 24, 1980

Judgment reversed, on the law, and new trial ordered. In our opinion, the Trial Judge should have declared a mistrial following his granting of a severance to codefendant Gourdet on the ground that Gourdet could not receive a fair trial due to the introduction of certain evidence.

By allowing the trial to continue against the appellant, defense counsel was forced to change his trial strategy (see People v Baum, 64 A.D.2d 655

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