Judgment affirmed.
Upon motion of defendant's and codefendant's counsel, their two indictments were consolidated for joint trial, even though the codefendant was indicted on two counts for which defendant was not indicted. All the charges arose out of the same criminal transaction (CPL 40.10, subd 2), and hence were joinable (CPL 200.20, subd 2, par [a]). Whether the consolidation was discretionary is immaterial inasmuch as both defendants insisted on consolidation...
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