N.Y. Criminal Procedure Law § 40.40: Separate prosecution of jointly prosecutable offenses; when barred

§ 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.