Legal Opinion
People v. Nix
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1993PublishedCited by 6 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s argument that the court erred in refusing to sever those counts of the indictment charging defendant with two separate armed robberies. Those offenses were joinable pursuant to CPL 200.20 (2) (b) because defendant’s identity was at issue and his modus operand! was sufficiently unique to make proof of his commission of one robbery probative of his commission of the other. Thus, the court lacked the authority to sever them (see, People v Bongarzone, 69 NY2d 892, 895; People v Coble, 168 AD2d 981, lv denied 78 NY2d…
2Cases cited3 opinions
- People v. BongarzoneNew York Court of Appeals · 1987
- People v. LebronAppellate Division of the Supreme Court of the State of New York · 1992
- People v. CobleAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by6 opinions
- People v. DaymonAppellate Division of the Supreme Court of the State of New York · 1997
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BrabecAppellate Division of the Supreme Court of the State of New York · 1996
- People v. FureyAppellate Division of the Supreme Court of the State of New York · 2010
- People v. NixAppellate Division of the Supreme Court of the State of New York · 1993
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