People v. De More

The trial court had no power to order a consolidation because the separate information filed against each defendant failed to allege the existence of a common scheme or plan or concerted action ¡by the defendants as required by section 279 of the Code of Criminal Procedure. Thus each defendant was deprived of a fundamental right to a separate trial upon the evidence adduced in the case against him alone.

In People v. Morett (272 App. Div. 96, 98 [1st Dept., 1947]) the court said: “On retrial, each defendant should be tried separately on the information directed against him, and his guilt or…