People v. Summers

OPINION OF THE COURT

Peter J. Benitez, J.

Defendants were jointly charged in an indictment with *387counts of robbery and assault based on the allegation that they acted in concert in assaulting and robbing a livery driver. Additionally, defendant Summers was charged in the same indictment with criminal possession of a controlled substance in the fourth and seventh degrees. Those counts were based on the allegation that he possessed a quantity of drugs on his person when arrested shortly after the alleged assault and robbery.

Immediately prior to jury selection defendant Harlee moved to sever the…