People v. Villalobos

Appellate Division of the Supreme Court of New York

People v. Villalobos

108 A.D.2d 887, 485 N.Y.S.2d 382, 1985 N.Y. App. Div. LEXIS 43217

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 19, 1985

StatusPublished

Cited by2 cases

This text of 108 A.D.2d 887 (People v. Villalobos) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Villalobos, 108 A.D.2d 887, 485 N.Y.S.2d 382, 1985 N.Y. App. Div. LEXIS 43217 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered January 14, 1982, convicting him of murder in the second degree (six counts) and arson in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Contrary to defendant’s claim, we find that the trial court did not abuse its discretion in denying his motion for a severance inasmuch as defendant failed to make a showing that codefendant Mora would testify if the trials were severed and inasmuch as defendant failed to show that any testimony that Mora would give would tend to exculpate him (see, People v Bornholdt, 33 NY2d 75, cert denied sub nom. Victory v New York, 416 US 905; CPL 200.40 [1]). We have considered defendant’s other contentions and either find them to be unpreserved or without merit. Gibbons, J. P., Thompson, Weinstein and Brown, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered January 14, 1982, convicting him of murder in the second degree (six counts) and arson in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Contrary to defendant’s claim, we find that the trial court did not abuse its discretion in denying his motion for a severance inasmuch as defendant failed to make a showing that codefendant Mora would testify if the trials were severed and inasmuch as defendant failed to show that any testimony that Mora would give would tend to exculpate him (see, People v Bornholdt, 33 NY2d 75, cert denied sub nom. Victory v New York, 416 US 905; CPL 200.40 [1]). We have considered defendant’s other contentions and either find them to be unpreserved or without merit. Gibbons, J. P., Thompson, Weinstein and Brown, JJ., concur.

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Bluebook (online)

108 A.D.2d 887, 485 N.Y.S.2d 382, 1985 N.Y. App. Div. LEXIS 43217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-villalobos-nyappdiv-1985.

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