| People v Jackson |
| 2006 NY Slip Op 01391 [26 AD3d 298] |
| February 28, 2006 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Francis Jackson, Appellant. |
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Judgment, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), rendered November 13, 2002, convicting defendant, after a jury trial, of three counts of promoting prostitution in the second degree, and sentencing him to three concurrent terms of 1
Since, in addition to attacking the credibility of the complaining witnesses, the codefendant's counsel put forward an implicit alternative defense that the codefendant was as much a victim of defendant's threats as were the complaining witnesses, the better course might have been to grant defendant's severance motion (see People v Mahboubian, 74 NY2d 174, 184 [1989]). However, we find any error in this regard to be harmless (see People v Crimmins, 36 NY2d 230 [1975]). The civilian witnesses provided consistent and convincing testimony that was corroborated by police testimony. Concur—Tom, J.P., Mazzarelli, Sullivan, Sweeny and Malone, JJ.