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PEOPLE v. DELACRUZ

289 A.D.2d 254 (2001)

733 N.Y.S.2d 699

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR DELACRUZ, Appellant.

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

Decided December 3, 2001.

Ordered that the judgments are affirmed.

The defendant's motion for a separate trial from that of his codefendants was untimely, as it was made after the commencement of trial (see, People v Becker, 189 A.D.2d 881; People v Bornholdt, 33 N.Y.2d 75). In any event, since the same evidence was required in the cases against the defendant and...

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