PEOPLE v. MARKS


116 A.D.2d 977 (1986)

The People of the State of New York, Respondent, v. Leon Marks, Appellant

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

January 24, 1986


Judgment unanimously affirmed.

Memorandum:

The trial court did not abuse its discretion in refusing to sever defendant's trial from that of his codefendant. Defendant's motion was untimely (CPL 255.20, 200.40 [1]) and his showing insufficient. Upon review of the record, we find that there was no impairment of substantial rights unseen before trial (see, People v Fisher, 249 N.Y. 419, 427). The alleged errors in jury instructions were not preserved...

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