People v. Luke

— Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in denying his motion to sever the counts arising from the September 20, 1983 murder of Su Moung Kim in Tonawanda, New York, from the counts involving the March 13, 1984 shooting of Robert D’Arata in Kenmore, New York. CPL 200.20 (2) (b) provides that two offenses, though based on different criminal transactions, may be joined in the same indictment when "such offenses, or the criminal transactions underlying them, are of such nature that either proof of the first offense would be material and…