People v. Covington

Judgment, Supreme Court, New York County (Lewis Bart Stone, J., at severance motions; Edward J. McLaughlin, J., at jury trial and sentencing), rendered January 15, 2013, convicting defendant of burglary in the third degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to consecutive terms of 3V2 to 7 years and 2 to 4 years, respectively, unanimously modified, on the law, to the extent of reducing the grand larceny conviction to petit larceny and remanding for resentencing on that conviction only, and otherwise affirmed.

The motion court properly exercised its discretion in denying defendant’s severance motions. The counts relating to the two incidents at issue were properly joined as sufficiently “similar in law” (CPL 200.20 [2] [c]) to satisfy the principles set forth in People v Pierce ( 14 NY3d 564 , 573-574 [2010]), and defendant did not make a sufficient showing to warrant a discretionary severance (see CPL 200.20 [3]; People v Ford, 11 NY3d 875 , 879 [2008]). Defendant’s argument about a variance in the proof of the two incidents is unavailing, particularly given defendant’s reliable confessions to both crimes. We have considered and rejected defendant’s remaining arguments on the joinder/ severance issue.

As the People concede, the evidence was legally insufficient to establish the value element of fourth-degree grand larceny. We perceive no basis for reducing the sentence on the burglary conviction. Concur — Gonzalez, P.J., Sweeny, Renwick, Saxe and Feinman, JJ.