PEOPLE v. CANNON


306 A.D.2d 130 (2003)

761 N.Y.S.2d 46

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD CANNON, Appellant.

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

Decided June 17, 2003.


The court properly denied defendant's motion to sever the counts relating to the separate incidents. In the first place, the court properly denied this motion as untimely, since it was made during trial and defendant did not establish good cause (see CPL 255.20 [3]).

In reaching the merits of the motion in the alternative, the court properly declined to grant a discretionary severance pursuant to CPL 200.20 (3). These counts were properly joined under CPL 200...

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