Defendant's motion to sever the trials of the two counts of which he was convicted should have been granted. The conviction for leaving the scene of an incident without reporting (Vehicle and Traffic Law § 600[2][a]) occurred on a different date and was based upon a different set of facts than the conviction for driving while impaired (DWI) (Vehicle and Traffic Law § 1192[3]).
Offenses are joinable even though they are based on different criminal transactions...
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