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PEOPLE v. CRUZ

278 A.D.2d 125 (2000)

717 N.Y.S.2d 538

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINGO CRUZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 19, 2000.

The court properly denied defendant's severance motion. The indictments were the same in law, and were thus joinable under CPL 200.20 (2) (c), and defendant did not establish any basis for a discretionary severance pursuant to CPL 200.20 (3) (see, People v Castle, 251 A.D.2d 891, lv denied 92 N.Y.2d 923). Moreover, the charges were also joinable under CPL 200.20 (2) (b).

Background testimony was properly admitted to...

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