PEOPLE v. KIRKSEY

2010-02584, (Ind. No. 236/05)

107 A.D.3d 825 (2013)

966 N.Y.S.2d 682

2013 NY Slip Op 4358

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALPHONSO KIRKSEY, Appellant.

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

Decided June 12, 2013.


Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant's motion to sever certain counts in the indictment, since the nature of the proof for each of the offenses was material and admissible as evidence upon the trial of the other counts in the indictment (see CPL 200.20 [2] [b]). Inasmuch as the offenses were properly joined in one indictment from the outset, the court lacked the statutory authority to sever them (see...

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