Is there a fundamental error or fundamental error in a criminal charge where a defendant is charged with more than one crime?
"New York", United States of America
The following excerpt is from People v. Becoats, 17 N.Y.3d 643, 2011 N.Y. Slip Op. 07306, 934 N.Y.S.2d 737, 958 N.E.2d 865 (N.Y. 2011):
defense ( id. at 296, 383 N.Y.S.2d 573, 347 N.E.2d 898), and the delegation of the trial judge's function to his or her law secretary ( People v. Ahmed, 66 N.Y.2d 307, 312, 496 N.Y.S.2d 984, 487 N.E.2d 894 [1985] ). Mistakenly charging more than one crime [934 N.Y.S.2d 740] in one count of an indictment is not a fundamental error in this sense. A defendant who wants the charges separated must seek that relief at trial.
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