Opinion
June 6, 1988
Appeal from the Supreme Court, Kings County (Hellenbrand, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find the evidence was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
Furthermore, the nontestifying codefendant's statement, as redacted, did not in any way implicate this defendant. Therefore, there was no violation of the defendant's right to confrontation or a fair trial. The trial court accordingly did not abuse its discretion in denying the defendant's motion for a severance (see, Richardson v Marsh, 481 U.S. 200; cf., People v Wheeler, 62 N.Y.2d 867; People v Winfield, 130 A.D.2d 698, lv denied 70 N.Y.2d 878; People v Walker, 129 A.D.2d 658, lv granted 70 N.Y.2d 718).
We have reviewed the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Kunzeman, J.P., Kooper, Sullivan and Balletta, JJ., concur.