Section 40.40. Separate prosecution of jointly prosecutable offenses; when barred

1.  Where two or more offenses are joinable  in  a  single  accusatory
  instrument  against  a  person  by  reason  of being based upon the same
  criminal transaction, pursuant to paragraph (a) of  subdivision  two  of
  section  200.20,  such person may not, under circumstances prescribed in
  this section, be separately prosecuted for  such  offenses  even  though
  such separate prosecutions are not otherwise barred by any other section
  of this article.
    2.    When  (a)  one  of  two  or  more  joinable offenses of the kind
  specified in subdivision one is charged in an accusatory instrument, and
  (b)  another  is  not  charged  therein,  or  in  any  other  accusatory
  instrument  filed in the same court, despite possession by the people of
  evidence legally sufficient to support a conviction of the defendant for
  such  uncharged  offense,  and  (c)  either  a  trial  of  the  existing
  accusatory  instrument is commenced or the action thereon is disposed of
  by a plea of  guilty,  any  subsequent  prosecution  for  the  uncharged
  offense is thereby barred.
    3.    When  (a)  two  or more of such offenses are charged in separate
  accusatory instruments filed in the same court, and (b)  an  application
  by  the defendant for consolidation thereof for trial purposes, pursuant
  to subdivision five of section 200.20 or section 100.45,  is  improperly
  denied,  the  commencement  of a trial of one such accusatory instrument
  bars any  subsequent  prosecution  upon  any  of  the  other  accusatory
  instruments with respect to any such offense.