Opinion
1044
May 14, 2002.
Judgment, Supreme Court, New York County (John Bradley, J.), rendered March 12, 2001, convicting defendant, after a jury trial, of assault in the second degree and sentencing him, as a second violent felony offender, to a term of 7 years, unanimously affirmed.
Susan Axelrod, for respondent.
Robin Nichinsky, for defendant-appellant.
Before: Andrias, J.P., Rosenberger, Wallach, Rubin, 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 A.D.2d 818, lv denied 81 N.Y.2d 1007). 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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.