Citation Numbers: 11 A.D.3d 984, 782 N.Y.S.2d 233, 2004 N.Y. App. Div. LEXIS 11359
Filed Date: 10/1/2004
Status: Precedential
Modified Date: 11/1/2024
Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered November 8, 1999. The judgment convicted defendant, upon a jury verdict, of murder in the second degree (five counts).
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of five counts of murder in the second degree (Penal Law § 125.25 [1], [3]). Contrary to the contention of defendant, County Court did not abuse its discretion in denying his severance motion. “[Defendant failed to meet his burden of establishing that he would be ‘unduly and genuinely