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PEOPLE v. RIVERA-MATEO

589 KA 18-00719.

208 A.D.3d 1578 (2022)

175 N.Y.S.3d 159

2022 NY Slip Op 05389

The People of the State of New York, Respondent, v. Heriberto Rivera-Mateo, Appellant.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

JILL L. PAPERNO, ACTING PUBLIC DEFENDER, ROCHESTER (WILLIAM CLAUSS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (KAYLAN C. PORTER OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Centra, Peradotto and NeMoyer, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law § 120.05[2]) and two counts of criminal possession of a weapon in the second degree (§ 265.03[1][b]; [3]). Contrary to defendant's contention, Supreme Court properly denied his repeated severance motions, inasmuch as he failed to demonstrate the requisite...

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