New York Court of Appeals, 1980

People v. Jenkins

People v. Jenkins
New York Court of Appeals · Decided June 26, 1980 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur
50 N.Y.2d 981; 409 N.E.2d 944; 431 N.Y.S.2d 471; 1980 N.Y. LEXIS 2519
People v. Jenkins

Cases that cite this one

42 later published cases cite this decision. The 25 that cite it most often are listed here.

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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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.