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People v. Jenkins

409 N.E.2d 944, 50 N.Y.2d 981, 431 N.Y.S.2d 471, 1980 N.Y. LEXIS 2519
CourtNew York Court of Appeals
DecidedJune 26, 1980
StatusPublished
Cited by42 cases

This text of 409 N.E.2d 944 (People v. Jenkins) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Jenkins, 409 N.E.2d 944, 50 N.Y.2d 981, 431 N.Y.S.2d 471, 1980 N.Y. LEXIS 2519 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

It was permissible to join the two robberies in a single indictment because the offenses were "the same or similar in law” (CPL 200.20, subd 2, par [c]). The defendant’s motion to sever was addressed to the trial court’s discretion (CPL 200.20, subd 3). On this record it cannot be said that the court abused *983 its discretion as a matter of law in denying the defendant’s motion for a severance.

Chief Judge Cooke and Judges Jasen, Gabeielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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Bluebook (online)
409 N.E.2d 944, 50 N.Y.2d 981, 431 N.Y.S.2d 471, 1980 N.Y. LEXIS 2519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jenkins-ny-1980.