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PEOPLE v. RIVERA-MATEO

589 KA 18-00719.

208 A.D.3d 1578 (2022)

175 N.Y.S.3d 159

2022 NY Slip Op 05389

The People of the State of New York, Respondent, v. Heriberto Rivera-Mateo, Appellant.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

JILL L. PAPERNO , ACTING PUBLIC DEFENDER, ROCHESTER ( WILLIAM CLAUSS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( KAYLAN C. PORTER OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Centra, Peradotto and NeMoyer, JJ.

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law § 120.05[2]) and two counts of criminal possession of a weapon in the second degree (§ 265.03[1][b]; [3]). Contrary to defendant's contention, Supreme Court properly denied his repeated severance motions, inasmuch as he failed to demonstrate the requisite...

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