People v. Winkler

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: County Court did not err in denying defendant’s motion to sever the counts of the indictment relating to three separate incidents. Those counts were properly joined pursuant to CPL 200.20 (2) (b). The proof relative to each incident was material and admissible on the issue of defendant’s commission of the others because the modus operand! was sufficiently unique to be probative on the issue of identity (see, People v Beam, 57 NY2d 241, 252-253; People v Coble, 168 AD2d 981, 982, Iv…