People v. Whitaker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in denying defendant’s motion to sever the counts of the indictment relating to the robbery on April 4, 1989 from those relating to the robbery on June 20, 1989. Defendant failed to make a convincing showing, in concrete terms, that he had both important testimony to give concerning the April 4 incident and a genuine need to refrain from testifying concerning the June 20 incident (see, CPL 200.20 [3] [b]; People v Lane, 56 NY2d 1, 10; People v Cabrera, 188 AD2d 1062). We agree with the trial court’s…
2Cases cited5 opinions
- People v. LaneNew York Court of Appeals · 1982
- People v. ReidNew York Court of Appeals · 1987
- People v. CabreraAppellate Division of the Supreme Court of the State of New York · 1992
- People v. DvoroznakAppellate Division of the Supreme Court of the State of New York · 1987
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1990