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PEOPLE v. CHESTNUT

No. 113.

19 N.Y.3d 606 (2012)

950 N.Y.S.2d 287

2012 NY Slip Op 4375

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

Court of Appeals of New York.

Decided June 7, 2012.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( William G. Kastin and Lynn W.L. Fahey of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Jennifer Hagan and John M. Castellano of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK and PIGOTT concur with Judge JONES; Judge READ dissents and votes to affirm in a separate opinion in which Judges GRAFFEO and SMITH concur.

OPINION OF THE COURT

JONES, J.

The issue presented is whether Supreme Court's error in denying defendant's requests for a severance based on the improper joinder of certain counts relating only to codefendant (see CPL 200.40 [1]) is harmless. We hold that Supreme Court's conceded error is not.

On November 6, 2005, in broad daylight, two assailants robbed the complainant at gunpoint as he was loading packages into his car on a street in Queens...

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