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The People &c., Appellant v. Damien Warren, Respondent

SUSAN P. READ, J:

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SUSAN P. READ, J:

Defendant Damien Warren and three codefendants, Eric Young, Marvin Howard and Nathaniel Williams, were jointly indicted on a theory of accomplice liability for second-degree murder (Penal Law §125.25 [1]) and second-degree weapon possession (Penal Law §265.03 [former (2)]) in connection with a drug-related shooting death in the City of Buffalo on March 23, 2006. The week before jury selection, Young, who had just waived his right to a jury trial, was offered a plea to a class A misdemeanor in exchange for his testimony. Howard also waived his right to a jury, which prompted Warren’s attorney to ask County Court to try Warren and Howard separately, or, alternatively, direct that Howard testify outside the jury’s presence if he took the stand. The judge denied these requests, and a joint bench and jury trial ensued.

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