People v. Jenkins

409 N.E.2d 944, 50 N.Y.2d 981, 431 N.Y.S.2d 471, 1980 N.Y. LEXIS 2519

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 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.