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PEOPLE v. GOLDEN

23 A.D.3d 266 (2005)

804 N.Y.S.2d 74

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GOLDEN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID ORTIZ, Appellant.

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

November 17, 2005.

The court properly exercised its discretion in denying defendant Ortiz's motion for severance. Initially, we note that Ortiz should have made a timely written motion, setting forth in detail what was allegedly inconsistent about the defenses of himself and defendant Golden (see CPL 255.10 [1] [g]; 255.20 [1], [3]; People v Roman, 303 A.D.2d 176 [2003], lv denied 100 N.Y.2d 565 [2003]). In any event, the defenses of...

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