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PEOPLE v. NICOLEAU

87 A.D.2d 893 (1982)

The People of the State of New York, Respondent, v. Howard Nicoleau and James Stout, Appellants

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

April 26, 1982

The appeals bring up for review the denial of (1) a motion insofar as it was to suppress a certain statement and (2) a motion for a severance. Judgments reversed, on the law and as a matter of discretion in the interest of justice, motions granted insofar as reviewed and new and separate trials ordered. Both defendants presented an alibi defense at trial. The court instructed the jury that "evidence with relation to an alibi should...

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