Legal Opinion

People v. Smalls

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1995PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: We reject the contention that defendant was denied due process of law as the result of the severance granted to a codefendant during the trial. Defendant waived his challenge to the severance by joining that codefendant’s motion (see, People v Alvarez, 198 AD2d 171, lv denied 83 NY2d 802; People v Aezah, 191 AD2d 312, 313, lv denied 81 NY2d 1010; People v Corley, 162 AD2d 1020, lv denied 76 NY2d 892) and by declining County Court’s offer to grant a mistrial (see, People v King, 192 AD2d 556, lv denied 81 NY2d 1075). Moreover, the contention that…

2Cases cited7 opinions

  1. People v. RodriguezNew York Court of Appeals · 1992
  2. People v. TermottoNew York Court of Appeals · 1993
  3. People v. AezahAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. CorleyAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. KingAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by3 opinions

  1. People v. CottonAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. EldridgeAppellate Division of the Supreme Court of the State of New York · 2003
  3. People v. SpruillAppellate Division of the Supreme Court of the State of New York · 1997

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