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PEOPLE v. ZIMMERMAN

48 A.D.3d 492 (2008)

851 N.Y.S.2d 265

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS ZIMMERMAN, Appellant.

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

Decided February 5, 2008.

Ordered that the judgment is affirmed.

The defendant's motion to sever his trial from that of his codefendant was untimely, as it was made after the commencement of trial (see People v Bornholdt, 33 N.Y.2d 75, 87-88 [1973], cert denied 416 U.S. 905 [1974]; People v Delacruz, 289 A.D.2d 254, 255 [2001]). In any event, while the granting of a mid-trial motion for severance is...

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