People v. Daymon, 239 A.D.2d 907 (N.Y. App. Div. 1997). · Go Syfert
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People v. Daymon, 239 A.D.2d 907 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
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cited 5× by 5 distinct cases, 2004–2022 · …straightforward and easily segregated at p. 908 ✓ Topic ↗
14 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Thomas (nyappdiv, 2022-09-30)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2022 · confidence medium
Here, the proof was presented to the jury separately with respect to each incident and was "straightforward and easily segregated" ( People v Daymon , 239 AD2d 907, 908 [4th Dept 1997], lv denied 94 NY2d 821 [1999]).
discussed Cited as authority (rule) People v. Jackson
N.Y. App. Div. · 2015 · confidence medium
The People’s proof with respect to the events in August 2010 and November 2010 was “straightforward and easily segregated” (People v Daymon, 239 AD2d 907, 908 [1997], lv denied 94 NY2d 821 [1999]; see People v Rios, 107 AD3d 1379, 1380 [2013], lv denied 22 NY3d 1158 [2014]) and, indeed, the jury acquitted defendant of some of the counts, thereby indicating that it was able to consider each count separately (see Rios, 107 AD3d at 1380 ).
discussed Cited as authority (rule) People v. Jackson
N.Y. App. Div. · 2015 · confidence medium
The People’s proof with respect to the events in August 2010 and November 2010 was “straightforward and easily segregated” (People v Daymon, 239 AD2d 907, 908 [1997], lv denied 94 NY2d 821 [1999]; see People v Rios, 107 AD3d 1379, 1380 [2013], lv denied 22 NY3d 1158 [2014]) and, indeed, the jury acquitted defendant of some of the counts, thereby indicating that it was able to consider each count separately (see Rios, 107 AD3d at 1380 ).
cited Cited as authority (rule) People v. Dozier
N.Y. App. Div. · 2006 · confidence medium
A motion to sever counts joinable under CPL 200.20 (2) (c) “is addressed to the sound discretion of the court” (People v Daymon, 239 AD2d 907, 908 [1997], lv denied 94 NY2d 821 [1999]).
discussed Cited as authority (rule) People v. Bridgefourth
N.Y. App. Div. · 2004 · confidence medium
The People’s proof with respect to each robbery count was “straightforward and easily segregated” (People v Daymon, 239 AD2d 907, 908 [1997], lv denied 94 NY2d 821 [1999]) and, indeed, the jury acquitted defendant of some of the counts, thereby indicating that it was able to consider each count separately.
discussed Cited as authority (rule) People v. Coger
N.Y. App. Div. · 2003 · confidence medium
Also contrary to defendant’s contention, County Court gave a proper curative instruction when it struck the victim’s testimony concerning defendant’s reaction to a confrontation between the victim and defendant (see generally People v Daymon, 239 AD2d 907, 908 [1997], lv denied 94 NY2d 821 [1999]).
discussed Cited as authority (rule) People v. Lovett
N.Y. App. Div. · 2003 · confidence medium
A motion to sever counts joinable under CPL 200.20 (2) (c) “is addressed to the sound discretion of the court” (People v Daymon, 239 AD2d 907, 908 [1997], lv denied 94 NY2d 821 [1999]; see People v Spina, 275 AD2d 902, 903 [2000], lv denied 95 NY2d 969 [2000]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Marvin Daymon
Appellate Division of the Supreme Court of the State of New York.
May 30, 1997.
239 A.D.2d 907
Cited by 13 opinions  |  Published

Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of three counts of robbery in the first degree, one count of robbery in the second degree, one count of robbery in the third degree, and one count of burglary in the second degree. The conviction arises out of four separate incidents charged in the indictment. County Court did not[*908] abuse its discretion in denying defendant’s motion for a severance. Because the offenses are "the same or similar in law”, they were properly joinable (CPL 200.20 [2] [c]; see, People v Jenkins, 50 NY2d 981; People v Cabrera, 188 AD2d 1062, 1063), and an application for severance is addressed to the sound discretion of the court (see, CPL 200.20 [3]; People v Lane, 56 NY2d 1, 7). Furthermore, the People’s proof with respect to each robbery was straightforward and easily segregated (see, People v Nix, 192 AD2d 1116, reconsideration granted 195 AD2d 1087, lv denied 82 NY2d 757).

Viewing the evidence, as we must, in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), we conclude that it is legally sufficient to establish defendant’s guilt beyond a reasonable doubt. The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495).

The other alleged errors raised by defendant are either unpreserved for our review (see, CPL 470.05 [2]) or the court eliminated any prejudice to defendant arising therefrom when it struck the testimony objected to and immediately gave curative instructions (see, People v Arce, 42 NY2d 179, 187; People v Valenti, 199 AD2d 617, 618, lv denied 83 NY2d 811). In any event, any error is harmless (see, People v Crimmins, 36 NY2d 230, 241-242). We also conclude that defendant’s sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Henry, Jr., J.—Robbery, 1st Degree;) Present—Denman, P. J., Pine, Callahan, Balio and Fallon, JJ.