New York FCT Code § 311.6

Joinder, severance and consolidation
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§ 311.6. Joinder, severance and consolidation. 1. Two crimes are\njoinable and may be included as separate counts in the same petition\nwhen:\n  (a) they are based upon the same act or upon the same criminal\ntransaction, as that term is defined in subdivision two; or\n  (b) even though based upon different criminal transactions, such\ncrimes, or the criminal transactions underlying them, are of such nature\nthat either proof of the first crime would be material and admissible as\nevidence in chief upon a fact-finding hearing of the second, or proof of\nthe second would be material and admissible as evidence in chief upon a\nfact-finding hearing of the first; or\n  (c) even though based upon different criminal transactions, and even\nthough not joinable pursuant to paragraph (b), such crimes are defined\nby the same or similar statutory provisions and consequently are the\nsame or similar in law.\n  2. "Criminal transaction" means conduct which establishes at least one\ncrime, and which is comprised of two or more or a group of acts either:\n  (a) so closely related and connected in point of time and circumstance\nof commission as to constitute a single criminal incident; or\n  (b) so closely related in criminal purpose or objective as to\nconstitute elements or integral parts of a single criminal venture.\n  3. In any case where two or more crimes or groups of crimes charged in\na petition are based upon different criminal transactions, and where\ntheir joinability rests solely upon the fact that such crimes, or as the\ncase may be at least one offense of each group, are the same or similar\nin law, as prescribed in paragraph (c) of subdivision one, the court, in\nthe interest of justice and for good cause shown, may upon application\nof either the respondent or the presentment agency order that any one of\nsuch crimes or groups of crimes be tried separately from the other or\nothers, or that two or more thereof be tried together but separately\nfrom two or more others thereof. Such application must be made within\nthe period prescribed in section 332.2.\n  4. When two or more petitions against the same respondent charge\ndifferent crimes of a kind that are joinable in a single petition\npursuant to subdivision one, the court may, upon application of either\nthe presentment agency or respondent order that such petitions be\nconsolidated and treated as a single petition for trial purposes. Such\napplication must be made within the period prescribed in section 332.2.\nIf the respondent requests consolidation with respect to crimes which\nare, pursuant to paragraph (a) of subdivision one, of a kind that are\njoinable in a single petition by reason of being based upon the same act\nor criminal transaction, the court must order such consolidation unless\ngood cause to the contrary be shown.\n

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