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PEOPLE EX REL. ELLIOTT v. IRVIN

209 A.D.2d 1053 (1994)

619 N.Y.S.2d 1010

The People of the State of New York ex rel. Willie C. Elliott, Appellant, v. Frank E. Irvin, as Superintendent of Wende Correctional Facility, Respondent

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

November 16, 1994

Judgment unanimously affirmed and counsel's application to withdraw granted.

Memorandum:

Supreme Court properly determined in denying petitioner's application for a writ of habeas corpus that the trial court did not abuse its discretion in severing the counts in the indictment and holding separate trials. Because the separate trials concerned separate offenses, the severance did not violate petitioner's right not to be placed in double jeopardy (see

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