PEOPLE v. CHERRY

5300. 51271/12. 93556/12.

156 A.D.3d 578 (2017)

65 N.Y.S.3d 696

2017 NY Slip Op 09260

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COURTNEY CHERRY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 28, 2017.


The second motion court providently exercised its discretion in granting the People's motion for consolidation. Given the issue of intent, proof relating to each incident was admissible with regard to the other (see CPL 200.20 [2] [b]).

Defendant's principal argument on appeal is that the order granting consolidation after another court of coordinate jurisdiction had denied the motion constituted a violation of the law of the case doctrine. However, defendant...

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