People v. Jenkins

New York Court of Appeals June 26, 1980

People v. Jenkins, 50 N.Y.2d 981 (N.Y. 1980)

409 N.E.2d 944; 431 N.Y.S.2d 471; 1980 N.Y. LEXIS 2519

Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

It was permissible to join the two robberies in a single indictment because the offenses were "the same or similar in law” (CPL 200.20, subd 2, par [c]). The defendant’s motion to sever was addressed to the trial court’s discretion (CPL 200.20, subd 3). On this record it cannot be said that the court abused *983 its discretion as a matter of law in denying the defendant’s motion for a severance.

Chief Judge Cooke and Judges Jasen, Gabeielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Reference

Full Case Name: The People of the State of New York, Respondent, v. William Jenkins, Appellant
Cited By: 42 cases
Status: Published