| THE PEOPLE V JUSTIN JENKINS (Appeal No. 1.) |
| Motion No: KA 20-00176 and KA 21-00991 |
| Slip Opinion No: 2023 NY Slip Op 62828(U) |
| Decided on February 28, 2023 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
KA 20-00176 and KA 21-00991
Indictment No: 00543-2019/S44611
Indictment No: 00543-2019
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V JUSTIN JENKINS, DEFENDANT-APPELLANT. (Appeal No. 1.) THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V JUSTIN JENKINS, DEFENDANT-APPELLANT. (Appeal No. 2.) |
Appellant having moved to consolidate the appeals taken herein from the judgments of the Erie County Court, rendered October 17, 2019 and November 12, 2020,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Both appeals arise out of the same accusatory instrument and thus are the "same action or proceeding" that can be consolidated without motion (see 22 NYCRR§1250.9[f][3]).
Entered: February 28, 2023
Ann Dillon Flynn
Clerk of the Court