PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 15-00310
Indictment No: 2014-0244A
KA 15-00311
Indictment No: 2014-0244B

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMIE R. ODELL, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DOREENA L. ODELL, DEFENDANT-APPELLANT.

Appellants having moved to consolidate the appeals taken from the judgments of Supreme Court, Monroe County rendered October 27, 2014 and November 10, 2014, and for other relief,

Now, upon reading and filing the affirmation of Charles D. Steinman, Esq. dated February 17, 2015, and the statement of Charles D. Steinman, Esq. dated March 3, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with leave to renew.

Memorandum: Appellants may renew a request for consolidation upon the submission of a motion containing supporting affidavits establishing that where there is joint representation, appellants' decision to proceed with the same attorney is an informed decision and that counsel has apprised his clients of the risks involved (see People v Gomberg, 38 NY2d 307, 313). The affidavits should also establish that appellants are satisfied at this point that no conflict exists and that each appellant knows that if a conflict arises, he would have the right to retain separate counsel or the opportunity to waive the conflict if indeed it is waivable (see People v Prescott, 21 NY3d 925, 927).

Entered: April 9, 2015

Frances E. Cafarell, Clerk