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PEOPLE v. CLARK

225 A.D.2d 559 (1996)

638 N.Y.S.2d 765

The People of the State of New York, Respondent, v. Paul Clark, Appellant

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

March 4, 1996

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The Supreme Court properly denied the defendant's motion to sever his trial from his codefendant's trial since his defense and the codefendant's defense were not irreconcilable (see, People v Mahboubian, 74 N.Y.2d 174, 184-185).

In addition, the Supreme Court properly prevented the defendant from asking his codefendant, who testified...

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