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PEOPLE v. ORTIZ

262 A.D.2d 988 (1999)

692 N.Y.S.2d 626

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL ORTIZ, Appellant. (Appeal No. 1.)

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

Decided June 18, 1999.

Resentence unanimously affirmed.

Memorandum:

We disagree with defendant that County Court erred in denying his request for a severance. The alibi defense of defendant was not in irreconcilable conflict with the defense of his codefendant (see, People v Mahboubian, 74 N.Y.2d 174, 184). Contrary to defendant's contention, the court gave an expanded jury instruction on identification, as requested by defendant (see...

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