Opinion
Submitted January 7, 2000
February 24, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered April 25, 1996, convicting him of burglary in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Frances A. Gallagher of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Michael Gore, and Alan M. Friedman of counsel), for respondent.
THOMAS R. SULLIVAN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN and ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court providently exercised its discretion in denying the defendant's motion for separate trials on the respective incidents charged in the indictment. The charges were joinable because they were defined by the same or similar statutory provisions and, as a consequence, were the same or similar as a matter of law (see, CPL 200.20[2] [c]; People v. Jenkins, 50 N.Y.2d 981, 982 ). Further, proof of the crimes was presented separately, was uncomplicated, and was easily segregable in the minds of the jurors (see, People v. Berta, 213 A.D.2d 659 ). Moreover, the court repeatedly instructed the jurors to separately consider the evidence presented as to each incident (see, People v. Hall, 169 A.D.2d 778, 779 ; People v. Telford, 134 A.D.2d 632 ).
The defendant's sentence, as a persistent violent felony offender, was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).