People v. Johnson

Mahoney, P. J. (dissenting).

We dissent from that part of the majority’s opinion holding that the trial court correctly denied defendant’s motion to sever the two counts of the indictment. In our view, it was an abuse of discretion to deny the motion.

The record clearly shows that after the alleged burglary, the defendant returned to his apartment, dropped off part of the stolen goods, and returned to the streets. At the time of his apprehension there was not the slightest evidence that he was in possession of, or ever had been in possession of, drugs. It was only after defendant was booked at…