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PEOPLE v. TOLBERT

202 A.D.2d 171 (1994)

608 N.Y.S.2d 198

The People of the State of New York, Respondent, v. Carl Tolbert, Appellant

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

March 1, 1994

The court properly exercised its discretion under CPL 255.20 (1) and (3) in denying defendant's severance motion, finding that there was no good cause shown as required by CPL 200.40 (1) (d) (iii). "[T]he court is not required to sever where the possibility of the codefendant's testifying is merely colorable or speculative" (People v Bornholdt, 33 N.Y.2d 75, 87, cert denied sub nom<...

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