People v. Espinar
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in granting the People’s motion for consolidation of two indictments. The offenses charged in each indictment arose out of the same criminal transaction as that term is defined in CPL 40.10 (2), and defendant failed to demonstrate good cause for separate trials of the offenses charged in each indictment (see, CPL 200.20 [5]; People v Lane, 56 NY2d 1). There was no substantial difference in the quantum of proof on each indictment and no contention by defendant that he had important testimony to offer on the…
2Cases cited3 opinions
- People v. LaneNew York Court of Appeals · 1982
- People v. CasianoAppellate Division of the Supreme Court of the State of New York · 1988
- People v. McDougaldAppellate Division of the Supreme Court of the State of New York · 1989