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PEOPLE v. FORBES

7548. 3533/14.

166 A.D.3d 414 (2018)

88 N.Y.S.3d 6

2018 NY Slip Op 07532

The People of the State of New York, Respondent, v. James Forbes, Appellant.

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

Decided November 8, 2018.

Defendant's severance motion was properly denied. The counts relating to the two incidents, both involving theft, were properly joined pursuant to CPL 200.20 (2) (b) based on mutually admissible evidence to demonstrate identity, which was neither expressly conceded nor "clearly established" (see People v Condon, 26 N.Y.2d 139, 142 [1970]). Although the two crimes did not involve a unique modus operandi, the surveillance videotapes...

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