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People v. Morgan

Consolidation, Joinder Denied Where Actions Not Connected as Common Criminal Venture

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JOINT DECISION AND ORDERINTRODUCTION

*1  The People moves This Honorable Court to consolidate the above captioned matters for trial pursuant to CPL 200.20 (2) and CPL 40.10 (2). The motions are joint for decision purposes only. For the reasons set forth below, the motion to consolidate is denied.PROCEDURAL HISTORYDefendant Gowayne Morgan, a 28year old Black male domiciled in Bronx, New York, represented by Legal Aid is charged in docket 2018CN000170 with one count of Public Lewdness [Penal Law §245.00 (a)] and one count of Exposure of a Person [Penal Law §245.01]. This charge is the first contact with the criminal court based upon his Record of Arrest and Prosecution sheet (rap sheet). The complaining witness is a plain-clothes Amtrak Police Officer (hereinafter referred to as APO-2), who allegedly observed the behavior which forms the basis of the criminal charge. At arraignment the court deemed complaint an information. APO-2 did not provide a photo of this defendant. At arraignment on January 9, 2018, People consented to Huntley/Dunaway Hearings and court adjourned to February 7, 2018 for Hearings and Trial. At the appearance of all parties on February 7, 2018, People served and filed the instant motion to consolidate.Defendant Chandler Arnold, a 45year old White male domiciled in Washington DC, represented by private counsel is charged in docket 2018CN000177 with one count of Public Lewdness [Penal Law §245.00 (a)] and one count of Exposure of a Person [Penal Law §245.01]. This charge is the first contact with the criminal court based upon

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