PEOPLE v. GREEN


27 A.D.3d 231 (2006)

810 N.Y.S.2d 188

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAUDIUS GREEN, Appellant.

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

March 7, 2006.


The court properly denied defendant's severance motion, made during trial, since it was untimely and defendant failed to show good cause for his failure to make a timely motion, or good cause for the trial court to nevertheless entertain the motion in the exercise of its discretion (CPL 255.10 [1] [g]; 255.20 [1], [3]). In any event, defendant failed to establish that if severance were granted, the codefendant would actually waive his Fifth Amendment rights and testify, and...

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