People v. Brown

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BROWN, Appellant

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

Date published: Jun 22, 1998

251 A.D.2d 593 (N.Y. App. Div. 1998)

673 N.Y.S.2d 607

Opinion

June 22, 1998

Appeal from the Supreme Court, Queens County (Rios, J.).

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in denying his motions to sever his trial from that of the codefendant as the defendant failed to demonstrate that his defense and that of his codefendant were in "irreconcilable conflict" ( People v. Mahboubian, 74 N.Y.2d 174, 184; People v. Delossantos, 242 A.D.2d 581; People v. Clark, 233 A.D.2d 460; People v. Apolinar, 208 A.D.2d 548, 549).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

Miller, J.P., Thompson, Joy and Florio, JJ., concur.