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PEOPLE v. LOPEZ

68 N.Y.2d 683 (1986)

The People of the State of New York, Respondent, v. Camilo Lopez, Also Known as Carlos Camilo Lopez, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1986.

Attorney(s) appearing for the Case

Beverly Van Ness and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Phyllis A. Monroe and Norman Barclay of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

The Trial Judge denied defendant's motion for a severance in the expectation that redaction of the codefendant's confession would sufficiently protect defendant from prejudice through introduction of the confession. Although that decision when made may not have been an abuse of discretion...

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