Legal Opinion
People v. McDougald
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1989PublishedCited by 5 opinions
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: The court did not abuse its discretion in denying defendant’s motion for a severance because the crimes charged were "the same or similar in law” (CPL 200.20 [2] [c]; see also, People v Jenkins, 50 NY2d 981; People v Mercer, 151 AD2d 1004). There was no substantial difference in the quantum of proof presented with respect to the separate sexual assaults, and defendant made no claim that he had important testimony to offer on one incident but had a genuine need to refrain from testifying regarding the other event (see, CPL 200.20 [3]; People v Lane,…
2Cases cited8 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. LaneNew York Court of Appeals · 1982
- People v. JenkinsNew York Court of Appeals · 1980
- People v. CasianoAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MercerAppellate Division of the Supreme Court of the State of New York · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. BrenninAppellate Division of the Supreme Court of the State of New York · 1992
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1989
- People v. WebbAppellate Division of the Supreme Court of the State of New York · 1990
- BONNER, HARRELL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
- People v. EspinarAppellate Division of the Supreme Court of the State of New York · 1990