PEOPLE v. MATHIS


37 A.D.3d 212 (2007)

829 N.Y.S.2d 98

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOMER MATHIS, Appellant.

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

Decided February 8, 2007.


Defendant was tried for two unrelated murders that were lawfully joined under CPL 200.20 (2) (c), and acquitted of all charges relating to one of the incidents. The court properly exercised its discretion in denying defendant's pretrial severance motion. Defendant did not establish good cause for a severance under CPL 200.20 (3) (a), since there was no material variance in the quantity of proof establishing the two crimes, and evidence...

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