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PEOPLE v. BRODIE

170 A.D.2d 518 (1991)

The People of the State of New York, Respondent, v. Arthur Brodie, Appellant

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

February 11, 1991

Ordered that the judgment is affirmed.

We find that the defendant failed to preserve the issue of the court's denial of his pretrial motion for a severance pursuant to CPL 200.40 based on an incriminating statement of the codefendant Michael Sennon. At the trial, the defendant requested severance solely on the basis of an incriminating statement made by the codefendant Shannon Kelly. There was no request for severance on...

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