PEOPLE v. CABRERA


213 A.D.2d 298 (1995)

624 N.Y.S.2d 152

The People of the State of New York, Respondent, v. George Cabrera, Appellant

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

March 23, 1995


Defendant's claim that he was deprived of a fair trial when the court simultaneously conducted a bench trial with respect to his codefendant, with the intent that his codefendant would take a plea at the conclusion of the People's case, is unpreserved for review by this Court (CPL 470.05 [2]), and we decline to review it in the interest of justice. If we were to review it, we would find that defendant's trial was not a "sham" and he was not prejudiced by the court's proper...

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