People v. Porter

*880OPINION OF THE COURT

David Goldstein, J.

The issue relates to the remedy to be imposed for the improper joinder of counts in an indictment. Defendant moves to dismiss the indictment as a result of the misjoinder of certain counts, namely, the murder charge, which occurred December 30, 1991, and the unrelated charge for possession of a controlled substance on April 23, 1992, when he was arrested. In opposition, the People claim that, even if there was a misjoinder, the proper remedy is a severance or dismissal of the additional count, not dismissal of the indictment.

Defendant is charged, inter…