Opinion
November 16, 1987
Appeal from the County Court, Suffolk County (Vaughn, J.).
Ordered that the judgment is affirmed.
We find, as did the hearing court, that the defendant made a knowing and voluntary waiver of his Miranda rights. The claim that his statements were the product of psychological coercion is unsupported by the record. We also conclude that the refusal of the court to grant his request for a severance on the ground that his defense and the defense of his codefendant Teller were antagonistic did not substantially impair his defense (see, People v. La Belle, 18 N.Y.2d 405; cf., People v. Teller, 130 A.D.2d 528). No issue under Bruton v. United States ( 391 U.S. 123), or Cruz v. New York (481 US ___, 107 S Ct 1714) was raised. This issue, if it had been raised, would have been without merit. No violation of the 6th Amendment Confrontation Clause was implicated since each of the defendants testified and exercised his right to cross-examine the other defendant with respect to his statement. Accordingly, the court did not abuse its discretion in denying the defendant's application for a severance. Weinstein, J.P., Rubin, Kooper and Sullivan, JJ., concur.