TELSEY, J.S.C.
On May 14, 1981 an altercation occurred between D'Amico and McMahon, resulting in separate indictments against each defendant for threat to kill, aggravated assault with a deadly weapon and reckless endangerment.
Defendants have moved to consolidate both indictments for purposes of trial pursuant to R. 3:15-1(a), "Permissible Joinder," alleging that they would be prejudiced by separate trials. The rule states:
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