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PEOPLE v. PEISAHKMAN

29 A.D.3d 352 (2006)

814 N.Y.S.2d 609

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAIA PEISAHKMAN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARISSA ARTEMIEVA, Appellant.

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

May 9, 2006.

The court properly denied defendant Artemieva's severance motion. Aside from being untimely (CPL 255.10 [1] [g]; 255.20 [1], [3]), the motion did not establish an irreconcilable conflict in the defenses (see People v Mahboubian, 74 N.Y.2d 174, 183-184 [1989]). The defenses, each based on a denial of any shoplifting, were fundamentally similar and there was no significant danger that the jury would convict Artemieva based upon Peisahkman...

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