Opinion
Argued April 14, 2000.
June 5, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered September 15, 1997, convicting him of murder in the second degree, escape in the first degree, and escape in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (John Schoeffel of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Cynthia Kean of counsel), for respondent.
Before: DANIEL W. JOY, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
By order dated September 29, 1995, the Supreme Court, Kings County (Lipp, J.), granted the People's motion to consolidate Indictment No. 4750/95, charging the defendant with escape in the second degree, with Indictment No. 6461/95. By order dated August 13, 1997, the Supreme Court, Kings County (Firetog, J.), granted the People's motion to consolidate Indictment No. 2414/97, charging the defendant with escape in the first degree arising from a different incident, with Indictment No. 6461/95. Contrary to the defendant's contention, the order of the Supreme Court dated August 13, 1997, was a provident exercise of discretion (see, CPL 200.20; People v. Lane, 56 N.Y.2d 1, 8; People v. Matthews, 222 A.D.2d 703).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.