Opinion
December 30, 1992
Appeal from the Monroe County Court, Mathews, J.
Present — Green, J.P., Pine, Boehm, Fallon and Doerr, JJ.
Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: County Court did not err in denying defendant's motion to sever the counts of the indictment relating to three separate incidents. Those counts were properly joined pursuant to CPL 200.20 (2) (b). The proof relative to each incident was material and admissible on the issue of defendant's commission of the others because the modus operandi was sufficiently unique to be probative on the issue of identity (see, People v Beam, 57 N.Y.2d 241, 252-253; People v Coble, 168 A.D.2d 981, 982, lv denied 78 N.Y.2d 954; People v Trama, 160 A.D.2d 748, lv denied 76 N.Y.2d 867; People v De Meo, 139 A.D.2d 758, lv denied 72 N.Y.2d 858). Moreover, the incidents were properly joined pursuant to CPL 200.20 (2) (c) and defendant failed to demonstrate good cause for severance in the interest of justice (see, People v Lane, 56 N.Y.2d 1, 8; People v Johnson, 155 A.D.2d 924, 925, lv denied 75 N.Y.2d 920).
The People concede that defendant was improperly sentenced on count eight, because that count was dismissed at the close of the People's proof. The sentence imposed on that count is vacated. We have examined the remaining issues raised by defendant and find them to be lacking in merit.