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PEOPLE v. IRBY

162 A.D.2d 714 (1990)

The People of the State of New York, Respondent, v. Juan Irby, Appellant

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

June 25, 1990

Ordered that the judgment is affirmed.

The trial court properly exercised its discretion in granting the People's motion to consolidate the defendant's case with that of his codefendant (see, CPL 200.40 [2]; People v Fisher, 121 A.D.2d 655). No substantial difference in the quantity and quality of the evidence the prosecution presented with respect to the defendant and the codefendant existed which would warrant a...

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