DECISION AND ORDER
*1 Defendant Jesse Hoyte is charged under indictment number 9287/2017 with two counts of Criminal Possession of Weapon in the Second Degree, in violation of Penal Law (PL) sections 265.03(1)(b) and (3), and one count of Criminal Possession of a Weapon in the Fourth Degree, in violation of PL section 265.01(1). Co-defendant Kelby Snell is charged under the same indictment with four counts each of Criminal Possession of a Forged Instrument in the Second Degree, in violation of PL section 170.25, and Criminal Possession of a Forged Instrument in the Third Degree, in violation of PL section 170.20. Defendant Hoyte now moves to sever the charges against him from those against his co-defendant. The People oppose the motion. For the reasons set forth below, the defendant’s motion to sever is granted.BACKGROUNDIt is alleged that on November 18, 2017 the police responded to a radio run of shots fired at 947 East 80th Street. When the police arrived at the location they observed shell casings on the sidewalk in front of the location as well as blood and bullet marks on the stoop. Through the open front door, they observed co-defendant Kelby Snell lying on the floor bleeding. They requested identification from the co-defendant who handed the police his wallet. The wallet contained two forged driver’s licenses and two forged credit cards. The police then met with defendant Hoyte’s mother who informed them there was video surveillance. The video showed the defendant and co-defendant on the stoop, the co-defendant is then seen fall onto the defendant and the defendant is observed pulling a firearm out of his jacket and start shooting at an unknown individual. Defendant is then seen pulling the co-defendant into the location. The police subsequently secure the scene and obtain a search warrant. Upon execution of the search warrant, a magazine containing seven rounds of ammunition, an empty magazine, a Billy club, a switchblade and 37 rounds of mixed ammunition are recovered from the location. Based on
