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People v. LaBarbera

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1987
128 A.D.2d 806 (N.Y. App. Div. 1987)

Opinion

March 23, 1987

Appeal from the County Court, Rockland County (Edelstein, J.).


Ordered that the judgment is affirmed.

We find no error in the trial court's denial of the defendant's motion for a severance on the ground that the defenses of the defendant and of his codefendant were antagonistic (see, People v. Cruz, 66 N.Y.2d 61, cert granted ___ US ___, 106 S Ct 2888). The defendant has failed to demonstrate that the ruling resulted in prejudice or substantially impaired his defense (see, People v. Cruz, supra). We reject his contention that severance was required by the rule of Bruton v. United States ( 391 U.S. 123).

We have examined the defendant's remaining contentions and have found them to be either unpreserved for appellate review or lacking in merit. Mollen, P.J., Thompson, Rubin and Kunzeman, JJ., concur.


Summaries of

People v. LaBarbera

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1987
128 A.D.2d 806 (N.Y. App. Div. 1987)
Case details for

People v. LaBarbera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD LaBARBERA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 23, 1987

Citations

128 A.D.2d 806 (N.Y. App. Div. 1987)

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