People v. Ford

The question before the Court— whether there was legally sufficient evidence to support defendant’s first-degree robbery conviction (see Penal Law § 160.15 [3])—is here on the People’s appeal. Defendant was charged in a single indictment with two robberies, one occurring on May 24 and one on May 31, 2004. I agree with the majority in holding that the trial court properly exercised its discretion in denying defendant’s motion to sever the trials of the two robberies under CPL 200.20 (3) (a).

However, I disagree with the majority’s conclusion, with respect to the May 31, 2004 robbery, that there…