PEOPLE v. JOHNSON


60 A.D.3d 484 (2009)

874 N.Y.S.2d 471

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARAYIND JOHNSON, Appellant.

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

Decided March 12, 2009.


The court properly denied defendant's severance motion. The motion, made as jury selection was about to commence, was untimely, and defendant failed to show good cause for his failure to make a timely motion, or good cause for the trial court to nevertheless entertain the motion in the exercise of its discretion (CPL 255.10 [1] [g]; 255.20 [1], [3]). Although defense counsel claimed to have learned of the codefendant's planned defense at the last minute, he offered no explanation...

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