Opinion
1667
September 26, 2002.
Judgment, Supreme Court, New York County (Micki Scherer, J. on consolidation motion; Laura Visitacion-Lewis, J. at jury trial and sentence), rendered April 12, 2000, convicting defendant of bail jumping in the second degree, and sentencing him, as a second felony offender, to a term of 1 to 3 years, unanimously affirmed.
FRANK GLASER, for respondent.
DAVID CROW, for defendant-appellant.
Before: Nardelli, J.P., Saxe, Ellerin, Rubin, Friedman, JJ.
The court properly granted the People's motion to consolidate indictments that separately charged criminal sale of a controlled substance in the third degree and bail jumping in the second degree (see People v. Contreras, 191 A.D.2d 235, lv denied 82 N.Y.2d 716, cert denied 511 U.S. 1040). Evidence that defendant absconded on the drug charge was admissible to show his consciousness of guilt with respect to that charge, and evidence of the drug charge was relevant to establish an element of second-degree bail jumping (see Penal Law § 215.56). Furthermore, consolidation was not unduly prejudicial.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.