People v. Davis

METZGER, Judge.

Defendant, Robert Davis, appeals the order of the trial court denying his Crim.P. 35(c) motion. We affirm.

In 1976, defendant, a New York City policeman, was convicted of conspiracy to commit first degree murder in connection with the shooting of a Denver couple in which the husband was killed and the wife was seriously injured. The trial court granted defendant’s motion to sever his trial from that of his co-defendant, Michael Borrelli, and defendant’s trial preceded Borrelli’s.

Because the evidence against both co-defendants apparently arose from the same incident, defendant’s…