PEOPLE v. CARLUCCI

Ind. Nos. 0735/16, 0750/16, 1377/16. Appeal No. 14159. Case No. 2018-4671.

196 A.D.3d 418 (2021)

146 N.Y.S.3d 785

2021 NY Slip Op 04206

The People of the State of New York, Respondent, v. John Carlucci, Appellant.

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

Decided July 6, 2021.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Joseph M. Nursey of counsel), and Sullivan & Cromwell LLP, New York ( Sarah M. Cravens of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Franklin R. Guenthner of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Moulton, Scarpulla, JJ.


The court providently exercised its discretion by granting the People's motion to consolidate indictments relating to a total of six separate incidents. The charges were joinable as legally similar pursuant to CPL 200.20(2)(c), and defendant failed to make a sufficient showing for a discretionary severance pursuant to CPL 200.20(3). The primary evidence supporting each of the six charges consisted of surveillance video footage from which defendant could be clearly identified...

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