PEOPLE v. BAXTRUM

336 KA 15-02009.

170 A.D.3d 1535 (2019)

94 N.Y.S.3d 480

2019 NY Slip Op 01948

The People of the State of New York, Respondent, v. Sylvester E. Baxtrum, Jr., Appellant.

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

Decided March 15, 2019.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him following a jury trial of two counts of burglary in the first degree (Penal Law § 140.30 [2], [3]) and one count of assault in the second degree (§ 120.05 [2]), defendant contends that he was denied effective assistance of counsel because defense counsel failed to make a timely motion to sever his trial from that of his codefendant...

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