People v. Quezada

• Decision Date: 14 May 2002
• Citation: 741 N.Y.S.2d 681,294 A.D.2d 175
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ENSO QUEZADA, Appellant.
• Court: New York Supreme Court — Appellate Division

294 A.D.2d 175

741 N.Y.S.2d 681

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.ENSO QUEZADA, Appellant.

Decided May 14, 2002.

Concur — Andrias, J.P., Rosenberger, Wallach, Rubin and Friedman, JJ.

The court properly exercised its discretion in granting the People's motion for consolidation pursuant to CPL 200.20 (2) (c). Joinder of charges relating to separate incidents was proper since the crimes charged are defined by similar statutory provisions (see, People v Gardner, 186 AD2d 818, lv denied 81 NY2d 839). Specifically, each robbery count included an element in common with at least one element of the assault charge. Moreover, defendant was not prejudiced by the consolidation. There was overwhelming evidence supporting the assault charge of which he was convicted, and he was acquitted of the charges relating to the robbery incident.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal.