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PEOPLE v. CHESTNUT

2009-01615.

81 A.D.3d 661 (2011)

916 N.Y.S.2d 787

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN CHESTNUT, Appellant.

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

Decided February 1, 2011.

Ordered that the judgment is affirmed.

As the People correctly concede, the codefendant should have been tried separately pursuant to CPL 200.40(1) as to the drug counts and resisting arrest count against him, as those counts in no way related to the defendant (see People v Spencer, 67 A.D.2d 867 [1979]; People v Banks, 45 A.D.2d 1024 [1974]). Although the Supreme Court...

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