Opinion
378
March 6, 2003.
Judgment, Supreme Court, Bronx County (Peter Benitez, J. on initial severance motion; Caesar Cirigliano, J. on further severance motions and at jury trial and sentence), rendered June 10, 1998, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6½ to 13 years, unanimously affirmed.
Daniel B. Navabpour, for respondent.
Ian Michael Wallach, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Saxe, Williams, Marlow, JJ.
Defendant's various severance motions, made both before and during trial, were properly denied. All of these motions were untimely (see CPL 255.10[g]; 255.20[1],[3]), and each of the grounds asserted could have been raised within the statutory time limits. In any event, severance was properly denied because the defenses of defendant and the codefendant were not so irreconcilable so as to require severance (see People v. Mahboubian, 74 N.Y.2d 174, 184; People v. Abreu, 219 A.D.2d 513, lv denied 87 N.Y.2d 897). Similarly, defendant did not establish his entitlement to severance on the ground that, had he testified, he would have been subjected to prejudicial cross-examination by the codefendant (see People v. Sanders, 162 A.D.2d 327, lv denied 76 N.Y.2d 944; see also Grey v. Henderson, 788 F. Supp. 683, 695-697,affd 956 F.2d 1161; compare People v. McGee, 68 N.Y.2d 328).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.