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PEOPLE v. PELAEZ

186 A.D.2d 465 (1992)

The People of the State of New York, Respondent, v. Houver Pelaez, Also Known as Huber Pelaez, Appellant

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

October 22, 1992

Trial counsel's decision not to move for a severance was an effective trial strategy that resulted in the dismissal of three out of five counts, including an acquittal on the top count of criminal sale of a controlled substance in the first degree. There was no irreconcilable conflict between the defenses presented by the codefendants requiring severance under the rationale of People v Mahboubian (74 N.Y.2d 174), nor was defendant...

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