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PEOPLE v. MOSS

149 A.D.2d 740 (1989)

The People of the State of New York, Respondent, v. Kevin Moss, Appellant

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

April 24, 1989

Ordered that the judgment is affirmed.

The trial court properly exercised its discretion in denying the defendant's motion for a severance (People v Bornholdt, 33 N.Y.2d 75, 87, cert denied sub nom. Victory v New York, 416 U.S. 905). There was not such a substantial difference in the quantity and quality of the evidence which the prosecution presented with respect to the defendant and the codefendants as to...

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