New York State Supreme Court, Appellate Division, Fourth Judicial Department
Motion to set aside the verdict
Participation in hearing with codefendant
Appealed from Supreme Court, Monroe County
Background: The defendant appealed from his conviction of conspiracy and multiple counts of criminal sale of a controlled substance. The conviction arose out of the defendant’s participation in a multi-level drug operation. He was convicted following a joint trial with three codefendants. On appeal, he argues, inter alia, that the court erred in denying his motion to set aside the verdict.
Ruling: The Appellate Division reserved. The court held that the defendant’s contention contained in his motion is identical to those raised by his codefendant who was afforded a hearing to which the defendant was not afforded the opportunity to participate in that hearing.
Bridget L. Field for the defendant-appellant.