People v. Lashkowitz

This is an application for a separate trial made in behalf of Abe Lashkowitz.

In People v. Snyder (246 N. Y. 491, at pp. 496, 497) it is stated: “ Section 391 of the Code of Criminal Procedure as recently amended (L. 1926, ch. 461) provides that defendants jointly indicted may be tried separately or jointly in the discretion of the court. It may be assumed that the Legislature did not intend to leave arbitrary choice to the court. Discretion involves the exercise of a sound judgment, and its attempted exercise may be reviewed by an appellate court, at least where the appellate court has…