In People v. Figueroa and Reyes, 193 A.D.2d 452, [1st Dept.], lv. den. 81 N.Y.2d 1072 [Figueroa] and 81 N.Y.2d 1079 [Reyes, 1993], the Appellate Division reversed the rape convictions of two co-defendants where Reyes testified that the act was consensual, and that "any coercion was entirely the result of Figueroa's intimidation". Figueroa, who did not testify, denied involvement in any criminal activity. The First Department concluded that the trial judge - myself - erred in not granting severance, reasoning that "if the jury believed Reyes, Figueroa could be found guilty on that testimony alone. If, on the other hand, the jury disbelieved Reyes's defense to the point of finding him guilty, Figueroa's guilt would be a necessary prerequisite to a finding of forcible compulsion on the part of Reyes."