Section 200.20. Indictment; what offenses may be charged; joinder of offenses and consolidation of indictments

1. An indictment must charge at least one crime and may, in  addition,
  charge  in  separate  counts one or more other offenses, including petty
  offenses, provided that all such offenses are joinable pursuant  to  the
  principles prescribed in subdivision two.
    2. Two offenses are "joinable" when:
    (a)  They  are  based  upon  the  same  act  or upon the same criminal
  transaction, as that term is  defined  in  subdivision  two  of  section
  40.10; or
    (b)  Even  though  based  upon  different  criminal transactions, such
  offenses, or the criminal transactions  underlying  them,  are  of  such
  nature  that  either  proof  of  the first offense would be material and
  admissible as evidence in chief upon a trial of the second, or proof  of
  the  second would be material and admissible as evidence in chief upon a
  trial of the first; or
    (c) Even though based upon different criminal transactions,  and  even
  though not joinable pursuant to paragraph (b), such offenses are defined
  by  the  same  or  similar statutory provisions and consequently are the
  same or similar in law; or
    (d) Though not directly joinable with each other pursuant to paragraph
  (a), (b) or (c), each is so joinable with a third offense  contained  in
  the indictment. In such case, each of the three offenses may properly be
  joined  not  only  with  each of the other two but also with any further
  offense joinable with either of the other two, and the chain of  joinder
  may be further extended accordingly.
    3.  In  any  case  where  two  or  more offenses or groups of offenses
  charged in an indictment are based upon different criminal transactions,
  and where their  joinability  rests  solely  upon  the  fact  that  such
  offenses,  or as the case may be at least one offense of each group, are
  the  same  or  similar  in  law,  as  prescribed  in  paragraph  (c)  of
  subdivision  two,  the  court,  in  the interest of justice and for good
  cause shown, may, upon application of either a defendant or the  people,
  in its discretion, order that any such offenses be tried separately from
  the other or others thereof. Good cause shall include but not be limited
  to situations where there is:
    (a)  Substantially  more  proof  on one or more such joinable offenses
  than on others and there is a substantial likelihood that the jury would
  be unable to consider  separately  the  proof  as  it  relates  to  each
  offense.
    (b) A convincing showing that a defendant has both important testimony
  to  give  concerning  one  count  and  a  genuine  need  to refrain from
  testifying on the other, which satisfies the  court  that  the  risk  of
  prejudice is substantial.
    (i)  Good  cause,  under  this  paragraph  (b),  may be established in
  writing or upon oral  representation  of  counsel  on  the  record.  Any
  written or oral representation may be based upon information and belief,
  provided  the sources of such information and the grounds of such belief
  are set forth.
    (ii) Upon the request of counsel,  any  written  or  recorded  showing
  concerning the defendant's genuine need to refrain from testifying shall
  be  ex  parte and in camera. The in camera showing shall be sealed but a
  court for good cause may order unsealing. Any statements made by counsel
  in the course of an application under this  paragraph  (b)  may  not  be
  offered  against  the  defendant  in any criminal action for impeachment
  purposes or otherwise.
    4. When  two  or  more  indictments  against  the  same  defendant  or
  defendants  charge  different  offenses of a kind that are joinable in a

  single indictment pursuant to  subdivision  two,  the  court  may,  upon
  application  of  either  the  people  or  a  defendant,  order that such
  indictments be consolidated and treated as a single indictment for trial
  purposes.  If  such  indictments, in addition to charging offenses which
  are so joinable charge other offenses which are not  so  joinable,  they
  may  nevertheless  be  consolidated  for  the limited purpose of jointly
  trying the joinable offenses. In such case, such indictments  remain  in
  existence with respect to any nonjoinable offenses and may be prosecuted
  accordingly. Nothing herein precludes the consolidation of an indictment
  with a superior court information.
    5.  A  court's  determination  of  an  application  for  consolidation
  pursuant to subdivision four is  discretionary;  except  that  where  an
  application  by  the  defendant  seeks  consolidation  with  respect  to
  offenses which are, pursuant to paragraph (a) of subdivision two,  of  a
  kind  that  are joinable in a single indictment by reason of being based
  upon the same act or criminal transaction, the  court  must  order  such
  consolidation unless good cause to the contrary be shown.
    6.  Where  an  indictment  charges  at  least  one  offense  against a
  defendant who was under the age of sixteen at the time of the commission
  of the crime and who did not lack criminal responsibility for such crime
  by reason of  infancy,  the  indictment  may,  in  addition,  charge  in
  separate  counts  one or more other offenses for which such person would
  not have been criminally responsible by reason of infancy, if:
    (a) the offense for which the defendant is criminally responsible  and
  the  one  or  more  other  offenses  for  which  he  would not have been
  criminally responsible by reason of infancy are based upon the same  act
  or  upon  the  same  criminal  transaction,  as  that term is defined in
  subdivision two of section 40.10 of this chapter; or
    (b) the offenses are of such nature that either  proof  of  the  first
  offense  would  be  material  and admissible as evidence in chief upon a
  trial of the second, or proof  of  the  second  would  be  material  and
  admissible as evidence in chief upon a trial of the first.