PEOPLE v. MARTINEZ

2006-11773

69 A.D.3d 958 (2010)

892 N.Y.S.2d 786

2010 NY Slip Op 706

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HUGO MARTINEZ, Appellant.

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

Decided January 26, 2010.


Ordered that the judgment is affirmed.

The County Court did not improvidently exercise its discretion in denying the defendant's motion pursuant to CPL 200.20 (3) to sever the charges under the first and third counts of the indictment, which arose from separate incidents on separate dates. Contrary to the defendant's contention, he failed to demonstrate that there was substantially more proof of one incident, as compared to the other, and that there was a substantial...

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