People v. Litzenberger

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of rape in the first degree and sodomy in the first degree, defendant argues that the integrity of the Grand Jury proceedings was impaired and he was prejudiced because of the joint presentment to the Grand Jury of two separate criminal transactions, one involving defendant and the other involving Lewis Bogue. Although jointly charging defendant and Bogue in one indictment was improper (see, CPL 200.40 [1]), that error was corrected when the People consented to sever the cases for trial. As noted by County…