Opinion
May 15, 1990
Appeal from the Supreme Court, Bronx County (George Covington, J.).
Contrary to defendant's assertions, the record reveals that the trial court did not abuse its discretion in consolidating for trial the two indictments charging the defendant with four residential burglaries, all occurring in the Morris Park section of The Bronx. The defendant failed to demonstrate that there was a substantial likelihood of confusion on the part of the jury that would have made joinder of the offenses improper (CPL 200.20 [a]; People v. Bongarzone, 69 N.Y.2d 892, 895; People v Lane, 56 N.Y.2d 1, 8).
Viewing the evidence in a light most favorable to the People (People v. Contes, 60 N.Y.2d 620, 621), defendant's guilt was proved beyond a reasonable doubt. Nor was the verdict against the weight of the credible evidence. (People v. Bleakley, 69 N.Y.2d 490, 495.)
Finally, we do not find that the sentence imposed was unduly harsh or severe. Taking into account the nature of the crimes charged, the particular circumstances of the individual before the court, defendant's prior history which includes two prior felony convictions and multiple misdemeanor convictions, and the purpose of a penal sanction, we perceive no abuse of discretion warranting a reduction in sentence (People v. Farrar, 52 N.Y.2d 302, 305).
Concur — Rosenberger, J.P., Kassal, Ellerin, Smith and Rubin, JJ.