Although the consolidation of the two separate indictments herein was proper, being a matter resting in the court's sound discretion (CPL 200.20, subds 4, 5), the manner in which the consolidated trial was conducted deprived defendant of a fair trial. At the outset of the trial defense counsel requested that "the Court instruct the jury to consider each indictment individually and that the evidence regarding each crime be confined to that crime and not considered cumulatively...
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