PEOPLE v. SMALLS


80 A.D.2d 446 (1981)

The People of the State of New York, Respondent, v. Leonard Smalls, Appellant

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

May 19, 1981


Attorney(s) appearing for the Case

Howard B. Comet of counsel (William E. Hellerstein, attorney), for appellant.

Allen Alpert of counsel (Marguerette Hosbach with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

FEIN, J., concurs with ROSS, J. P.; SILVERMAN, J., concurs in an opinion; LUPIANO and BLOOM, JJ., dissent in an opinion by BLOOM, J.


ROSS, J. P.

The fundamental issue presented on this appeal is whether the trial of this defendant should have been severed from that of his codefendant. The defendant asserts that his oral confession was not "interlocking" with the written confession of codefendant, Anthony DeShawn McGee. Therefore, it is urged the trial court erred when it denied defendant's motion for severance. A majority of this court finds this argument unpersuasive.

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