PEOPLE v. SYLVESTER


247 A.D.2d 886 (1998)

668 N.Y.S.2d 798

The People of the State of New York, Respondent, v. Tracy Sylvester, Also Known as Chuck Sylvester, Appellant

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

February 4, 1998


Judgment unanimously affirmed.

Memorandum:

County Court properly exercised its discretion in denying defendant's motion for a separate trial of certain counts of the indictment. Defendant failed to show that he would be unduly prejudiced by a single trial, i.e., that the quantum of proof concerning one incident would be substantially greater than for the other incident and that there was a substantial likelihood that the jury would be unable to consider separately...

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