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PEOPLE v. BAILEY

249 A.D.2d 555 (1998)

671 N.Y.S.2d 351

The People of the State of New York, Respondent, v. Michael Bailey, Appellant

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

April 27, 1998

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

In the instant trial involving the defendant and a codefendant, the court erred in failing to instruct the jury to consider the evidence of guilt or innocence separately as to each individual (see, CPL 300.10 [4]; People v Parker, 178 A.D.2d 665). This error was compounded by the failure of the trial...

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