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PEOPLE v. SMITH

204 A.D.2d 166 (1994)

614 N.Y.S.2d 115

The People of the State of New York, Respondent, v. Andre Smith, Appellant

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

May 17, 1994

Defendant's contention that denial of his motion for a severance warrants reversal is without merit. The defenses set forth at trial by defendant and his co-defendant were not conflicting and could each have been independently adopted by the jury (People v Mahboubian, 74 N.Y.2d 174, 184-185). Neither defendant relied on proof of the culpability of the other to convince the jury of his...

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