core of each defense (New York) · Go Syfert
← New York issues

core of each defense in New York

62 New York opinions name it 6 courts 1989–2025 9 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (26)

CaseFollowedCited
People v. Mahboubiangreen
ny · 1989 · cited in 52 New York opinions naming this issue, 1989–2025
2 sentences

2025We have employed a two-part test, requiring severance [*2]"where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that the conflict alone would lead the jury to infer defendant's guilt" (74 NY2d at 184).

2025We have employed a two-part test, requiring severance [*2]"where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that the conflict alone would lead the jury to infer defendant's guilt" (74 NY2d at 184).

1952
People v. Cardwellgreen
ny · 1991 · cited in 19 New York opinions naming this issue, 1992–2025
2 sentences

2025"Severance is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant's guilt" ( People v Martins , 306 AD2d 423, 423 ; see People v Cardwell , 78 NY2d 996, 997-998 ).

2025"Severance is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant's guilt" ( People v Martins , 306 AD2d 423, 423; see People v Cardwell , 78 NY2d 996, 997-998).

1119
People v. Bornholdtgreen
ny · 1973 · cited in 9 New York opinions naming this issue, 1992–2024
2 sentences

2024Good cause under CPL § 200.40 (1) includes "a finding that a defendant or the people will be unduly prejudiced by a joint trial" ( see CPL § 200.40 [1]; see also People v Bornholdt , 33 NY2d 75, 86-87 [1973] ["Where proof against the defendants is supplied by the same evidence, only the most cogent reasons warrant a severance"]; People v Mahboubian , 74 NY2d 174, 183 [*2][1989]["Severance is compelled where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that the conflict alone wou

2024Good cause under CPL § 200.40 (1) includes "a finding that a defendant or the people will be unduly prejudiced by a joint trial" ( see CPL § 200.40 [1]; see also People v Bornholdt , 33 NY2d 75, 86-87 [1973] ["Where proof against the defendants is supplied by the same evidence, only the most cogent reasons warrant a severance"]; People v Mahboubian , 74 NY2d 174, 183 [*2][1989]["Severance is compelled where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that the conflict alone wou

59
People v. Martinsgreen
nyappdiv · 2003 · cited in 5 New York opinions naming this issue, 2008–2025
2 sentences

2025"Severance is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant's guilt" ( People v Martins , 306 AD2d 423, 423 ; see People v Cardwell , 78 NY2d 996, 997-998 ).

2025"Severance is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant's guilt" ( People v Martins , 306 AD2d 423, 423; see People v Cardwell , 78 NY2d 996, 997-998).

35
People v. Boylangreen
nyappdiv · 2021 · cited in 3 New York opinions naming this issue, 2023–2025
2 sentences

2023In People v Mahboubian, 74 NY2d 174, 183 .-184 [1989], the Court of Appeals, while recognizing that "[s]ome degree of prejudice is of course inherent in every joint trial," provided that "severance is compelled where the core of each defense is in 1rreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that 15 [* 15] the conflict alone would lead the jury to infer defendant's guilt" (see People v Cardwell, 78 NY2d 996, 997-998 [1991]; People v Perry, 194 AD3d 849 , 850 [2d Dept 2021], Iv. denied 3iNY3d 1098 [2021]; Peop

2023Thus, "[s]everance is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant's guilt" ( People v Boylan , 193 AD3d at 965 [internal quotation marks omitted]; see People v Warren , 20 NY3d 393, 397 ).

23
People v. Chestnutgreen
ny · 2012 · cited in 2 New York opinions naming this issue, 2024–2024
2 sentences

2024Good cause under CPL § 200.40 (1) includes "a finding that a defendant or the people will be unduly prejudiced by a joint trial" ( see CPL § 200.40 [1]; see also People v Bornholdt , 33 NY2d 75, 86-87 [1973] ["Where proof against the defendants is supplied by the same evidence, only the most cogent reasons warrant a severance"]; People v Mahboubian , 74 NY2d 174, 183 [*2][1989]["Severance is compelled where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that the conflict alone wou

2024Good cause under CPL § 200.40 (1) includes "a finding that a defendant or the people will be unduly prejudiced by a joint trial" ( see CPL § 200.40 [1]; see also People v Bornholdt , 33 NY2d 75, 86-87 [1973] ["Where proof against the defendants is supplied by the same evidence, only the most cogent reasons warrant a severance"]; People v Mahboubian , 74 NY2d 174, 183 [*2][1989]["Severance is compelled where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that the conflict alone wou

22
People v. Danielsongreen
ny · 2007 · cited in 2 New York opinions naming this issue, 2023–2023
2 sentences

2023We reject defendant's claim that the verdicts convicting him of drug possession and paraphernalia crimes were against the weight of the evidence ( People v Danielson , 9 NY3d 342, 349 [2007]).

2023We reject defendant's claim that the verdicts convicting him of drug possession and paraphernalia crimes were against the weight of the evidence ( People v Danielson , 9 NY3d 342, 349 [2007]).

22
People v. Warrengreen
ny · 2013 · cited in 2 New York opinions naming this issue, 2020–2023
2 sentences

2023Thus, "[s]everance is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant's guilt" ( People v Boylan , 193 AD3d at 965 [internal quotation marks omitted]; see People v Warren , 20 NY3d 393, 397 ).

2020A trial before dual juries, which constitutes a modified form of severance, is to be used sparingly and is evaluated under standards for reviewing severance motions generally, as set forth above ( People v Warren , 20 NY3d 393, 397 [2013]).

22
People v. Chisholmgreen
nyappdiv · 2001 · cited in 2 New York opinions naming this issue, 2002–2004
2 sentences

2004Severance is not required solely because of hostilities among the defendants, differences in their trial strategies, or inconsistencies in their defenses, and is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant’s guilt” (People v Johnson, 296 AD2d 422 [2002] [internal quotation marks omitted]; People v Echevarria, 282 AD2d 470, 471 [2001]; People v Apolinar, 208 AD2d 548, 549 [1994]).

2002“It is well settled that severance motions are addressed to the sound discretion of the trial court * * * Severance is not required solely because of hostilities among the defendants, differences in their trial strategies, or inconsistencies in their defenses, and is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant’s guilt” (People v Echevarria, 282 AD2d 470, 471 [internal quotation marks omitted]).

22
People v. Cruzgreen
ny · 1985 · cited in 3 New York opinions naming this issue, 1989–2008
2 sentences

2008(Bruton v United States, 391 US 123, 135-136 [1968].) Our Court of Appeals in People v Cruz ( 66 NY2d 61, 73 [1985] ) 2 recognized that “severance is not required solely because of hostility between the defendants, differences in their trial strategies or inconsistencies in their defenses”; however, severance is compelled where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed that the conflict alone would lead a jury to infer defendants’ guilt.

1992Severance is not required solely because of hostilities between the defendants, differences in their trial strategies, or inconsistencies in their defenses, and is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant’s guilt (People v Mahboubian, supra, at 183 ; People v Cruz, 66 NY2d 61, 73 , revd on other grounds 481 US 186 ).

13
People v. Lessanegreen
nyappdiv · 2016 · cited in 2 New York opinions naming this issue, 2023–2023
2 sentences

2023In People v Mahboubian, 74 NY2d 174, 183 .-184 [1989], the Court of Appeals, while recognizing that "[s]ome degree of prejudice is of course inherent in every joint trial," provided that "severance is compelled where the core of each defense is in 1rreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that 15 [* 15] the conflict alone would lead the jury to infer defendant's guilt" (see People v Cardwell, 78 NY2d 996, 997-998 [1991]; People v Perry, 194 AD3d 849 , 850 [2d Dept 2021], Iv. denied 3iNY3d 1098 [2021]; Peop

2023Here, the various defenses amongst the defendant and his codefendants at trial were not in irreconcilable conflict ( see People v Peisahkman , 29 AD3d 352, 352 ; cf. People v Feliciano , 189 AD3d 416, 417 ; People v Lessane , 142 AD3d 562, 564 ).

12
Bruton v. United Statesgreen
scotus · 1968 · cited in 2 New York opinions naming this issue, 2008–2010
2 sentences

2010As we stated in our decision affirming the judgment convicting the codefendant of the same crimes (People v Thompson, 59 AD3d 1115, 1115 [2009], lv denied 12 NY3d 860 [2009]), the court properly concluded that “the core of each defense was not in irreconcilable conflict with the other” (see People v Mahboubian, 74 NY2d 174, 183-184 [1989]; cf. People v Kyser, 26 AD3d 839, 840 [2006]), and we likewise conclude that there was no violation of defendant’s rights under Bruton v United States ( 391 US 123 [1968]) or Crawford v Washington ( 541 US 36 [2004]).

2008(Bruton v United States, 391 US 123, 135-136 [1968].) Our Court of Appeals in People v Cruz ( 66 NY2d 61, 73 [1985] ) 2 recognized that “severance is not required solely because of hostility between the defendants, differences in their trial strategies or inconsistencies in their defenses”; however, severance is compelled where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed that the conflict alone would lead a jury to infer defendants’ guilt.

12
People v. Apolinargreen
nyappdiv · 1994 · cited in 2 New York opinions naming this issue, 2001–2004
2 sentences

2004Severance is not required solely because of hostilities among the defendants, differences in their trial strategies, or inconsistencies in their defenses, and is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant’s guilt” (People v Johnson, 296 AD2d 422 [2002] [internal quotation marks omitted]; People v Echevarria, 282 AD2d 470, 471 [2001]; People v Apolinar, 208 AD2d 548, 549 [1994]).

2001“It is well settled that severance motions are addressed to the sound discretion of the trial court * * * Severance is not required solely because of hostilities among the defendants, differences in their trial strategies, or inconsistencies in their defenses, and is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant’s guilt” (People v Apolinar, 208 AD2d 548, 549 ).

12
People v. Mackgreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023In People v Mahboubian, 74 NY2d 174, 183 .-184 [1989], the Court of Appeals, while recognizing that "[s]ome degree of prejudice is of course inherent in every joint trial," provided that "severance is compelled where the core of each defense is in 1rreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that 15 [* 15] the conflict alone would lead the jury to infer defendant's guilt" (see People v Cardwell, 78 NY2d 996, 997-998 [1991]; People v Perry, 194 AD3d 849 , 850 [2d Dept 2021], Iv. denied 3iNY3d 1098 [2021]; Peop

11
People v. Jeangreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023In People v Mahboubian, 74 NY2d 174, 183 .-184 [1989], the Court of Appeals, while recognizing that "[s]ome degree of prejudice is of course inherent in every joint trial," provided that "severance is compelled where the core of each defense is in 1rreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that 15 [* 15] the conflict alone would lead the jury to infer defendant's guilt" (see People v Cardwell, 78 NY2d 996, 997-998 [1991]; People v Perry, 194 AD3d 849 , 850 [2d Dept 2021], Iv. denied 3iNY3d 1098 [2021]; Peop

11
People v. Hauck-Lapinskigreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023Moreover, where, as here, "the proof ofthe charges against the defendant will be premised on the same evidence used to establish [his] codefendant's guilt, only the most cogent reasons would warrant a severance" (People v Fassino, 169 AD3d 921 ,923 [2d Dept 2019], Iv. denied 33 NY3d 975 [2019]; see People v Mahboubian, 74 NY2d at 183 ; People v Bornholdt, 33 NY2d 75, 87 [1973], cert. denied 416 US 905 [1974]; People v Gordon, 197 AD3d 723 , 724 [2d Dept 2021]; People v Boylan, 193 AD3d at 965; People v Caldwell, 150 AD3d at 1022; People v Turnbull, 52 AD3d 747 [2d Dept 2008], Iv. denied 11 NY3

11
People v. Middletongreen
nyappdiv · 1993 · cited in 1 New York opinions naming this issue, 2017–2017
11
People v. Lanegreen
ny · 1982 · cited in 1 New York opinions naming this issue, 2016–2016
11
People v. Thompsongreen
· 2009 · cited in 1 New York opinions naming this issue, 2010–2010
11
People v. Dicksongreen
nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2010–2010
11
People v. Kysergreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2010–2010
11
People v. Williamsgreen
nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2010–2010
11
Richardson v. Marshgreen
scotus · 1987 · cited in 1 New York opinions naming this issue, 2010–2010
11
People v. Poolegreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2008–2008
11
People v. Cartergreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2008–2008
11
People v. Bleakleygreen
ny · 1987 · cited in 1 New York opinions naming this issue, 2008–2008
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (22)

CaseCitedYears
People v. Turnbull green
nyappdiv · 2008
2 sentences

2025Here, the defendant's and the codefendant's defenses were not in irreconcilable conflict ( see People v Boylan , 193 AD3d 964 ; People v Turnbull , 52 AD3d 747 ; cf. People v Mahboubian , 74 NY2d at 184 ).

2025Here, the defendant's and the codefendant's defenses were not in irreconcilable conflict ( see People v Boylan , 193 AD3d 964; People v Turnbull , 52 AD3d 747; cf. People v Mahboubian , 74 NY2d at 184).

42010–2025
People v. Correa green
nyappdiv · 1992
2 sentences

1998Severance is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant’s guilt (see, People v Cardwell, 78 NY2d 996 ; People v Mahboubian, supra; People v Correa, supra).

1996Severance is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant’s guilt (see, People v Cardwell, 78 NY2d 996, 997-998 ; People v Mahboubian, supra, at 183-184 ; People v Correa, supra).

31994–1998
People v. Wallace green
nyappdiv · 1989
2 sentences

2011Here, we conclude that the court erred in denying defendant’s requests that the jury be excused during the testimony of the bench trial codefendant, “[t]he logistics of [which] . . . were minimal,” inasmuch as at that time the People, defendant and his jury trial codefendant had rested, and thus the proof had closed with respect to the two defendants tried by the jury (Wallace, 153 AD2d at 65 ).

2011Here, we conclude that the court erred in denying defendant’s requests that the jury be excused during the testimony of the bench trial codefendant, “[t]he logistics of [which] . . . were minimal,” inasmuch as at that time the People, defendant and his jury trial codefendant had rested, and thus the proof had closed with respect to the two defendants tried by the jury (Wallace, 153 AD2d at 65 ).

22011–2011
Crawford v. Washington green
scotus · 2004
2 sentences

2010As we stated in our decision affirming the judgment convicting the codefendant of the same crimes (People v Thompson, 59 AD3d 1115, 1115 [2009], lv denied 12 NY3d 860 [2009]), the court properly concluded that “the core of each defense was not in irreconcilable conflict with the other” (see People v Mahboubian, 74 NY2d 174, 183-184 [1989]; cf. People v Kyser, 26 AD3d 839, 840 [2006]), and we likewise conclude that there was no violation of defendant’s rights under Bruton v United States ( 391 US 123 [1968]) or Crawford v Washington ( 541 US 36 [2004]).

2006Defendant further contends that reversal is required based on a Crawford violation (see Crawford v Washington, 541 US 36 [2004]).

22006–2010
People v. Johnson green
nyappdiv · 2002
2 sentences

2004Severance is not required solely because of hostilities among the defendants, differences in their trial strategies, or inconsistencies in their defenses, and is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant’s guilt” (People v Johnson, 296 AD2d 422 [2002] [internal quotation marks omitted]; People v Echevarria, 282 AD2d 470, 471 [2001]; People v Apolinar, 208 AD2d 548, 549 [1994]).

2002The defendant claimed that he acted in self defense in drawing a knife on the victim in connection with the assault and weapons charges against him, and the codefendant asserted, in defense of the murder charges against him, that a third party shot the victim (see People v Mahboubian, 74 NY2d 174, 183-184 ; People v Johnson, 296 AD2d 422 ).

22002–2004
Cruz v. New York green
scotus · 1987
2 sentences

1992Severance is not required solely because of hostilities between the defendants, differences in their trial strategies, or inconsistencies in their defenses, and is compelled only where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger that the conflict alone would lead the jury to infer a defendant’s guilt (People v Mahboubian, supra, at 183 ; People v Cruz, 66 NY2d 61, 73 , revd on other grounds 481 US 186 ).

1989It must appear that a joint trial necessarily will, or did, result in unfair prejudice to the moving party and substantially impair his defense” (People v Cruz, 66 NY2d 61, 73-74 , revd on other grounds 481 US 186 ). "[Severance is compelled where the core of each defense is in irreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that the conflict alone would lead the jury to infer defendant’s guilt” (People v Mahbouhian, 74 NY2d 174, 184 ).

21989–1992
People v. Turnbull neutral
ny · 2008
1 sentence

2023Moreover, where, as here, "the proof ofthe charges against the defendant will be premised on the same evidence used to establish [his] codefendant's guilt, only the most cogent reasons would warrant a severance" (People v Fassino, 169 AD3d 921 ,923 [2d Dept 2019], Iv. denied 33 NY3d 975 [2019]; see People v Mahboubian, 74 NY2d at 183 ; People v Bornholdt, 33 NY2d 75, 87 [1973], cert. denied 416 US 905 [1974]; People v Gordon, 197 AD3d 723 , 724 [2d Dept 2021]; People v Boylan, 193 AD3d at 965; People v Caldwell, 150 AD3d at 1022; People v Turnbull, 52 AD3d 747 [2d Dept 2008], Iv. denied 11 NY3

12023–2023
People v. Gordon green
nyappdiv · 2021
1 sentence

2023Moreover, where, as here, "the proof ofthe charges against the defendant will be premised on the same evidence used to establish [his] codefendant's guilt, only the most cogent reasons would warrant a severance" (People v Fassino, 169 AD3d 921 ,923 [2d Dept 2019], Iv. denied 33 NY3d 975 [2019]; see People v Mahboubian, 74 NY2d at 183 ; People v Bornholdt, 33 NY2d 75, 87 [1973], cert. denied 416 US 905 [1974]; People v Gordon, 197 AD3d 723 , 724 [2d Dept 2021]; People v Boylan, 193 AD3d at 965; People v Caldwell, 150 AD3d at 1022; People v Turnbull, 52 AD3d 747 [2d Dept 2008], Iv. denied 11 NY3

12023–2023
People v. Feliciano neutral
nyappdiv · 2020
1 sentence

2023Here, the various defenses amongst the defendant and his codefendants at trial were not in irreconcilable conflict ( see People v Peisahkman , 29 AD3d 352, 352 ; cf. People v Feliciano , 189 AD3d 416, 417 ; People v Lessane , 142 AD3d 562, 564 ).

12023–2023
People v. Perry green
nyappdiv · 2021
1 sentence

2023In People v Mahboubian, 74 NY2d 174, 183 .-184 [1989], the Court of Appeals, while recognizing that "[s]ome degree of prejudice is of course inherent in every joint trial," provided that "severance is compelled where the core of each defense is in 1rreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that 15 [* 15] the conflict alone would lead the jury to infer defendant's guilt" (see People v Cardwell, 78 NY2d 996, 997-998 [1991]; People v Perry, 194 AD3d 849 , 850 [2d Dept 2021], Iv. denied 3iNY3d 1098 [2021]; Peop

12023–2023
People v. Peisahkman green
nyappdiv · 2006
1 sentence

2023Here, the various defenses amongst the defendant and his codefendants at trial were not in irreconcilable conflict ( see People v Peisahkman , 29 AD3d 352, 352 ; cf. People v Feliciano , 189 AD3d 416, 417 ; People v Lessane , 142 AD3d 562, 564 ).

12023–2023
Bank of Commerce v. City National Bank green
scotus · 1974
1 sentence

2023Moreover, where, as here, "the proof ofthe charges against the defendant will be premised on the same evidence used to establish [his] codefendant's guilt, only the most cogent reasons would warrant a severance" (People v Fassino, 169 AD3d 921 ,923 [2d Dept 2019], Iv. denied 33 NY3d 975 [2019]; see People v Mahboubian, 74 NY2d at 183 ; People v Bornholdt, 33 NY2d 75, 87 [1973], cert. denied 416 US 905 [1974]; People v Gordon, 197 AD3d 723 , 724 [2d Dept 2021]; People v Boylan, 193 AD3d at 965; People v Caldwell, 150 AD3d at 1022; People v Turnbull, 52 AD3d 747 [2d Dept 2008], Iv. denied 11 NY3

12023–2023
People v. Boyd green
ny · 2017
1 sentence

2023In People v Mahboubian, 74 NY2d 174, 183 .-184 [1989], the Court of Appeals, while recognizing that "[s]ome degree of prejudice is of course inherent in every joint trial," provided that "severance is compelled where the core of each defense is in 1rreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that 15 [* 15] the conflict alone would lead the jury to infer defendant's guilt" (see People v Cardwell, 78 NY2d 996, 997-998 [1991]; People v Perry, 194 AD3d 849 , 850 [2d Dept 2021], Iv. denied 3iNY3d 1098 [2021]; Peop

12023–2023
People v. Clark green
nycterr · 2019
1 sentence

2023Moreover, where, as here, "the proof ofthe charges against the defendant will be premised on the same evidence used to establish [his] codefendant's guilt, only the most cogent reasons would warrant a severance" (People v Fassino, 169 AD3d 921 ,923 [2d Dept 2019], Iv. denied 33 NY3d 975 [2019]; see People v Mahboubian, 74 NY2d at 183 ; People v Bornholdt, 33 NY2d 75, 87 [1973], cert. denied 416 US 905 [1974]; People v Gordon, 197 AD3d 723 , 724 [2d Dept 2021]; People v Boylan, 193 AD3d at 965; People v Caldwell, 150 AD3d at 1022; People v Turnbull, 52 AD3d 747 [2d Dept 2008], Iv. denied 11 NY3

12023–2023
People v. Irizarry green
ny · 1994
12013–2013
People v. Ricardo B. green
ny · 1989
12013–2013
People v. Trank green
ny · 2009
12010–2010
People v. Sabatino green
nyappdiv · 2007
12008–2008
People v. Torres green
nyappdiv · 1999
12006–2006
People v. Suitte green
nyappdiv · 1982
11999–1999
People v. Seshadri neutral
nyappdiv · 1998
11999–1999
Blum v. Warden neutral
nyappdiv · 1993
11994–1994

Statutes the citing opinions construe

NY § N.Y. Penal Law § 125.25 (11) NY § N.Y. Penal Law § 130.35 (4) NY § N.Y. Penal Law § 20.00 (4) NY § N.Y. Penal Law § 265.03 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 62 (1989–2025) HI 4 (1990–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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