People v. Nix
| Decision Date | 14 April 1993 |
| Citation | 192 A.D.2d 1116,596 N.Y.S.2d 283 |
| Parties | PEOPLE of the State of New York, Respondent, v. Robert Christopher NIX, Appellant. |
| Court | New York Supreme Court — Appellate Division |
William R. Lewis by Edward JeSella, Lockport, for appellant.
Matthew J. Murphy, III by Thomas Brandt, Lockport, for respondent.
Before CALLAHAN, J.P., and PINE, FALLON, DOERR and BOEHM, JJ.
There is no merit to defendant's argument that the court erred in refusing to sever those counts of the indictment charging defendant with two separate armed robberies. Those offenses were joinable pursuant to CPL 200.20(2)(b) because defendant's identity was at issue and his modus operandi was sufficiently unique to make proof of his commission of one robbery probative of his commission of the other. Thus, the court lacked the authority to sever them (see, People v. Bongarzone, 69 N.Y.2d 892, 895, 515 N.Y.S.2d 227, 507 N.E.2d 1083; People v. Coble, 168 A.D.2d 981, 564 N.Y.S.2d 927, lv. denied 78 N.Y.2d 954, 573 N.Y.S.2d 649, 578 N.E.2d 447). Those offenses also were joinable pursuant to CPL 200.20(2)(c) because they are defined by the same or similar statutory provisions, and defendant failed to show good cause to sever those counts (see, People v. Lebron, 184 A.D.2d 784, 788, 585 N.Y.S.2d 498). The People's proof with respect to each robbery was straightforward and easily segregated.
Defendant's argument that the court erred in refusing to suppress evidence seized from his car because the search was not a valid inventory search is not preserved for our review. We have examined defendant's remaining argument on appeal and find it to be without merit.
Judgment unanimously affirmed.
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...was "sufficiently unique to make proof of his commission of one [assault] probative of his commission of the other[s]" (People v. Nix, 192 A.D.2d 1116, 596 N.Y.S.2d 283, reconsideration granted 195 A.D.2d 1087, 602 N.Y.S.2d 564, lv denied 82 N.Y.2d 757, 603 N.Y.S.2d 999, 624 N.E.2d 185; see......
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People v. Walker
...defendant's commission of the second robbery as probative of his identity as the perpetrator of the first robbery (see People v. Nix, 192 A.D.2d 1116, 1116, 596 N.Y.S.2d 283 [4th Dept. 1993], lv. denied 82 N.Y.2d 757, 603 N.Y.S.2d 999, 624 N.E.2d 185 [1993] ; cf. People v. Robinson, 68 N.Y.......
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People v. Furey
...contention that the court erred in refusing to suppress evidence seized during the inventory search of his vehicle ( see People v. Nix, 192 A.D.2d 1116, 596 N.Y.S.2d 283, lv. denied 82 N.Y.2d 757, 603 N.Y.S.2d 999, 624 N.E.2d 185), and we decline to exercise our power to review that content......
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People v. Daymon
...456). Furthermore, the People's proof with respect to each robbery was straightforward and easily segregated (see, People v. Nix, 192 A.D.2d 1116, 596 N.Y.S.2d 283, reconsideration granted 195 A.D.2d 1087, 602 N.Y.S.2d 564, lv. denied 82 N.Y.2d 757, 603 N.Y.S.2d 999, 624 N.E.2d 185). Viewin......