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People v. Moss

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1989
149 A.D.2d 740 (N.Y. App. Div. 1989)

Opinion

April 24, 1989

Appeal from the Supreme Court, Kings County (Bourgeois, J.).


Ordered that the judgment is affirmed.

The trial court properly exercised its discretion in denying the defendant's motion for a severance (People v. Bornholdt, 33 N.Y.2d 75, 87, cert denied sub nom. Victory v. New York, 416 U.S. 905). There was not such a substantial difference in the quantity and quality of the evidence which the prosecution presented with respect to the defendant and the codefendants as to require a separate trial in the proper administration of justice (see, People v. Larkin, 135 A.D.2d 834; People v. Griffin, 135 A.D.2d 730; see also, People v. Kampshoff, 53 A.D.2d 325, 337-338, cert denied 433 U.S. 911; cf., People v. Pilon, 30 A.D.2d 365, 367-368).

We have considered the defendant's remaining contentions, including his claim that the sentence imposed was excessive, and find them to be without merit. Thompson, J.P., Bracken, Brown and Harwood, JJ., concur.


Summaries of

People v. Moss

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1989
149 A.D.2d 740 (N.Y. App. Div. 1989)
Case details for

People v. Moss

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN MOSS, Appellant

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

Date published: Apr 24, 1989

Citations

149 A.D.2d 740 (N.Y. App. Div. 1989)
540 N.Y.S.2d 524

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