Can a Defendant's Previous Indictments Be Consolidated for An Ongoing Trial ?
In People v. Burroughs, 191 A.D.2d 956, 595 N.Y.S.2d 264 [4th Dept. 1993] the court the Court held that the lower court did not abuse its discretion in directing that the indictments be consolidated for purposes of trial, (C.P.L. 200.20(4) & 200.20(5)).
The Court reasoned that "evidence of the defendant's alleged prior assaults was relevant and admissible regarding charges that he subsequently assaulted and intimidated the victim of those offenses in an attempt to induce the victim to withdraw the initial charges.
Moreover, defendant's alleged subsequent verbal threats and physical attacks were admissible to show defendant's consciousness of guilt regarding the initial charges.
Thus, the offenses charged were joinable for trial purposes, (C.P.L. 200.20(2)(b); People v. Bongarzone, 69 N.Y.2d 892, 895, 515 N.Y.S.2d 227, 507 N.E.2d 1083 )".