People v. Thomas

The defendant has moved for á trial severance pursuant to CPL 200.40 (subd. 1). The defendant and two codefendants are charged in the indictment with one count of robbery in the second degree (Penal Law, § 160.10) and one count of grand larceny in the third degree (Penal Law, § 155.30). The defendant alleges two grounds for his motion: 1) written statements made by two codefendants inculpate defendant Thomas and, when introduced into evidence, will unduly prejudice his case; and 2) defendant Thomas intends to call the two codefendants as witnesses in his defense, and if done at the same…