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PEOPLE v. MASAGUILAR

2009-00815.

86 A.D.3d 619 (2011)

926 N.Y.S.2d 914

2011 NY Slip Op 6039

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO MASAGUILAR, Appellant.

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

Decided July 19, 2011.

Ordered that the judgment is affirmed.

Although the Supreme Court should have granted the defendant's motion to sever the count charging criminal possession of a controlled substance in the fourth degree from the remaining counts (see CPL 200.20 [2] [a], [b]; People v Singson, 40 A.D.3d 1015, 1016 [2007]; People v Communiello, 180 A.D.2d 809, 809-810 [1992]; People v Connors...

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