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PEOPLE v. JACKSON

26 A.D.3d 298 (2006)

810 N.Y.S.2d 159

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS JACKSON, Appellant.

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

February 28, 2006.

Since, in addition to attacking the credibility of the complaining witnesses, the codefendant's counsel put forward an implicit alternative defense that the codefendant was as much a victim of defendant's threats as were the complaining witnesses, the better course might have been to grant defendant's severance motion (see People v. Mahboubian, 74 N.Y.2d 174, 184 [1989]). However, we find any error in this regard to be harmless ...

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