Whether a multiple conspiracies instruction cannot, as a matter of law, be given where a defendant proceeds to trial alone

Courts have recognized that in some circumstances, it is necessary to give a multiple conspiracies instruction to avoid the risk that a defendant might be convicted of a conspiracy other than the one on which he or she was indicted by the grand jury. Some appellate decisions have held categorically that such an instruction may not be given where a defendant goes to trial alone. Others have not imposed such a requirement . The question presented is: Whether a multiple conspiracies instruction cannot, as a matter of law, be given where a defendant proceeds to trial alone.