Opinion
No. 19-169
01-11-2024
The People of the State of New York, Respondent, v. Gordon Warren, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Tisch, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Beth Beller, J., at consolidation motion; Laurence E. Busching, J., at trial and sentencing), rendered February 13, 2018, after a jury trial, convicting him of assault in the third degree, criminal obstruction of breathing or blood circulation, and harassment in the second degree, and imposing sentence.
Judgment of conviction (Beth Beller, J., at consolidation motion; Laurence E. Busching, J., at trial and sentencing), rendered February 13, 2018, affirmed.
The court providently exercised its discretion in granting the People's motion to consolidate two informations pursuant to CPL 100.45(1) and 200.20(2)(b). Evidence relating to the acts of domestic violence charged in the first information, which resulted in the issuance of an order of protection, was relevant and admissible in the second, charging defendant with further acts of domestic violence and criminal contempt, to establish the basis for the issuance of the order of protection (see People v Till, 87 N.Y.2d 835, 837 [1995]) and defendant's motive and intent (see People v Bongarzone, 69 N.Y.2d 892, 895 [1987]; see also People v Dorm, 12 N.Y.3d 16, 19 [2009]. Defendant failed to show that he would be prejudiced by the consolidation (see People v Lane, 56 N.Y.2d 1, 8 [1982]). Defendant's contention that he wished to testify on one docket but remain silent on the other was conclusory and unconvincing (see id.; People v Wright, 300 A.D.2d 191, 192 [2002], lv denied 99 N.Y.2d 634 [2003]). Furthermore, the fact that the jury acquitted defendant of one of the strangulation counts under the first information and all of the counts under the second information provides "strong evidence that he was not prejudiced by the consolidation" (People v Byrd, 214 A.D.3d 1321 -1322 [2023], lv denied 40 N.Y.3d 927 [2023]) and that the jury was able to segregate the evidence as it related to each charge (see People v McNeil, 39 A.D.3d 206, 207-208 [2007], lv denied 13 N.Y.3d 861 [2009]).
I concur I concur I concur