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PEOPLE v. THOMAS

28 A.D.3d 239 (2006)

813 N.Y.S.2d 380

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARYL THOMAS, Appellant.

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

April 6, 2006.

Defendant alleges that no consolidation application (CPL 200.20 [4]) was ever made, and claims that the court thus lacked the authority to conduct a joint trial of his two indictments. Such error, if any, would not fall within the "very narrow category of so-called `mode of proceedings' errors" (People v Agramonte, 87 N.Y.2d 765, 770 [1996]), because it did not go "to the essential validity of the proceedings conducted below" so...

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