Defendant Spencer was charged with sale of a narcotic to one Willie Williams in a candy store, the transfer being observed by an undercover officer standing outside. Williams later sold the narcotics to the officer. Both defendants were indicted and thereafter the People moved to consolidate both indictments on the ground that they were "intrinsically similar in law and in fact." The motion was granted over Spencer's objection. CPL 200.40 provides for consolidation of separate...
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