PEOPLE v. LANE


56 N.Y.2d 1 (1982)

The People of the State of New York, Respondent, v. George Mark Lane, Appellant. The People of the State of New York, Respondent, v. Michael Wells, Appellant.

Court of Appeals of the State of New York.

Decided May 13, 1982.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Brian Shifferin of counsel), for George Mark Lane, appellant.

Irene K. Dymkar for Michael Desmond Wells, appellant.

Donald O. Chesworth, Jr., District Attorney (Kenneth R. Fisher of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.


WACHTLER, J.

In order to defeat a motion by the People to consolidate two indictments made on the ground that proof of one offense would be material and admissible upon a trial of the second offense (CPL 200.20, subd 2, par [b]; subd 4), a defendant claiming that he wishes to testify as to the first allegedly criminal transaction but not as to the second must make a convincing showing that he has both important...

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